Written answers

Thursday, 2 February 2017

Department of Health

Commencement of Legislation

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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272. To ask the Minister for Health to identify the Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, that are not in force and that require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [5271/17]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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The Deputy will appreciate that legislation coming wholly or partly under the auspices of my Department goes back many years. The information sought is shown in the following table in regard to legislation passed since 2004. The Deputy might let me know if she would like information in regard to any specific earlier Act.

Name of the ActSections not in forceTimeline
Misuse of Drugs (Amendment) Act 2016Whole Act.Regulations and various Orders are required to allow legitimate users to possess the substances which are controlled under this Act. Work on drafting the regulations is at an advanced stage. Various sections of the Act will be commenced when the associated regulations are finalised. See also the Irish Medicines Board (Miscellaneous Provisions) Act 2006.
Assisted Decision-Making (Capacity) Act 2015Part 8 of the Act (except section 91(2) and some related definitions).This Part deals with advance healthcare directives (AHDs). The Director of the Decision Support Service is not in post and a Code of Practice to provide advice and guidance on how the AHD legislation will operate has yet to be developed.

A multidisciplinary Working Group has been established to undertake the preliminary work relating to the development of the Code of Practice. Upon the completion of its work, the Working Group will submit its recommendations to the Director of the Decision Support Service.

The Commencement Order will be signed when the Director is in post and the Code of Practice has been agreed and approved by the Minister.
Children and Family Relationships Act 2015Parts 2 and 3 are under the remit of the Minister of Health.Significant preparatory work is needed to facilitate a seamless transition to the new regulatory framework laid out in the Act. That work is underway. It is intended that Parts 2 and 3 will be commenced later this year.
Health (General Practitioner Service) Act 2015Section 2 - Amendment of section 58 of Health Act 1970.Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process.
Public Health (Standardised Packaging of Tobacco) Act 2015Sections 7(1)-(5), 7(7)-(12); 8; 9(1)-(5), 9(7)-(12); 10; 11 and 14.Awaiting the enactment of the Health (Miscellaneous Provisions) Bill 2016.
Health Identifiers Act 2014Sections 7(2)-(6); 10(1)(a),( 2) and (3); 11(1)-(5),(6)(b)-(f), (7); 12-20; 24; 35-39.These sections relate to the use and access to the register of Individual Health Identifiers, establishing and operation the register of Health Service Provider Identifiers and related matters. This is a comprehensive Act which is being commenced on a phased basis. A further Commencement Order is currently being prepared.
Health (General Practitioner Service) Act 2014Sections 2, 3(a) and 9 - Amendments to Health Act 1970 and other issues.Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process.
Health (Miscellaneous Provisions) Act 2014Sections 6(a)(iii), 12(b), insofar as it relates to the insertion of subsection (1B) of section 26 of the Health and Social Care Professionals Act 2005; sections 21 and 23. Section 6(a)(iii), part of section 12(b) and section 21 relate to the proposed division of the profession of radiographer into the two professions of radiographer and radiation therapist.

The commencement of section 6(a)(iii), part of section 12(b) and section 21 can not take place until CORU has made various bye laws.

Section 23 provides for conditions to be attached to the registration of a person with a relevant medical disability.

The registration system is being updated to allow section 23 to be commenced. It is envisaged that commencement of these orders will take place during 2017.
Public Health (Sunbeds) Act 2014Section 14. This section relates to training. The matter is still under consideration.
Health (Alteration of Criteria for Eligibility) Act 2013Section 4 - Amendment of section 47 of Health Act 1970 (Appeals).Consultations are ongoing with the AGO. A decision will be made on commencement on the conclusion of the consultation process.
Health (Amendment) Act 2013Section 4.This section provides that the HSE may outsource the operation and administration of the Nursing Homes Support Scheme. However there are no plans at present to change the existing arrangements in this regard.
Nurses and Midwives Act 2011Sections 4(2); 9(2)(g)(ii); 37(2)(a); 39; 40; 41; 44; 45; 59(1)(b), 59(2)(d); 65(1)(b); 84; 87 – 91; 102(2),(3),(5) and 103.This is a comprehensive piece of legislation which is being commenced on a gradual basis. Commencement is to be decided.
Health Act 2007Section 41(1)(a).This relates to the boarding out arrangements for dependent adults in a private house. This provision is used to a very limited extent and the Health Service Executive makes arrangements to monitor the service. The section provides for the Chief Inspector of Social Services to inspect the performance of the HSE in this regard. There are no plans at present to extend this function to the Chief Inspector of Social Services.
Irish Medicines Board (Miscellaneous Provisions) Act 2006Sections 7 and 11(a)(v).There is legal inconsistency with the Irish Medicines Board Act and the Misuse of Drugs Act 1977 which needs to be addressed. The Misuse of Drugs (Amendment) Act 2016 makes a number of technical amendments to allow the commencement of sections 7 and 11(a)(v) of the Irish Medicines Board (Miscellaneous Provisions) Act 2006. Discussions on the transfer of functions from the Department to the Health Products Regulatory Authority under these sections are on-going.
Disability Act 2005Part 2.The Act was partly commenced in 2007 in respect of children up to the age of five. In 2008, the then Government decided, in light of financial circumstances, to defer further commencement of Part 2 of the Disability Act 2005. However, arising from a High Court ruling in 2009, all children born on or after 1st June 2002 have been deemed as being eligible to apply for an assessment of need under the Act. There are no plans to extend the Act to all persons at present.
-Section 4.Section 4 substitutes section 8 of the Public Health (Tobacco) Act 2002. Section 8 of the 2002 Act repeals the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotions) Act 1978 and the Tobacco (Health Promotion and Protection) Act 1988. However, sections of both of these are still in effect. This section will be commenced if and when legislation is enacted to replace the sections still in effect.
-Section 9 in relation to subsection (5) of section 38 of the Public Health (Tobacco) Act 2002.This subsection refers to batch ID and was superseded by the tobacco products Directive.
Public Health (Tobacco) (Amendment) Act 2004Sections 11 and 12.Sections 11 and 12 substituted sections 40 and 41 of the 2002 Act. Section 40 refers to the testing of tobacco products. This work was not undertaken as a laboratory had not been identified to carry out the relevant testing. Section 41 refers to the publication of certain information on foot of the testing of tobacco products. These provisions will be commenced when a laboratory is designated for the purposes of the Public Health (Tobacco) Acts.

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