Written answers
Thursday, 6 July 2017
Department of Health
Legislative Programme
Billy Kelleher (Cork North Central, Fianna Fail)
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205. To ask the Minister for Health the Acts in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same, in tabular form; and if he will make a statement on the matter. [32057/17]
Simon Harris (Wicklow, Fine Gael)
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Information is shown in the table below on Acts enacted over the last decade for which I have overall lead responsibility and that have sections or Parts yet to be commenced. The Deputy might let me know if he would like commencement information in regard to any specific earlier Act or in regard to any Act under the overall aegis of another Minister but which have Parts or sections for commencement by the Minister for Health.
| Acts passed since 2007 | Sections not in force | Timeline |
|---|---|---|
| Medical Practitioners (Amendment) Act 2017 | Act passed in May 2017 and not in force. | It is envisaged that a commencement order will be made later this year. |
| Misuse of Drugs (Supervised Injecting Facilities) Act 2017 | Act passed in May 2017 and not in force. | The HSE has established a working group to establish the first supervised injecting facility on a pilot basis in order to determine its utility, safety and cost-effectiveness in an Irish context. The Act will be commenced in parallel to the work to establish this pilot facility. |
| Misuse of Drugs (Amendment) Act 2016 | Sections 4, 5 and 7(a), (b) and (f) | Sections 4 and 5 facilitate the commencement of provisions of the Irish Medicines (Miscellaneous) Provisions Act 2006, transferring responsibility for the issuing of controlled drug licences from the Minister for Health to the Health Products Regulatory Authority (HPRA). Discussions on the transfer of functions from the Department to the HPRA under these sections are on-going. Sections 7(a), (b) and (f) revoke certain statutory instruments which were confirmed under the Misuse of Drugs (Amendment) Act 2015. These sections will be commenced when new regulations are made. |
| Health (General Practitioner Service) Act 2015 | Section 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. |
| Health Identifiers Act 2014 | Sections 7(2)-(6), 10(3), 11(1)-(5), (7), 12-20, 24, 35-39. | This is a comprehensive Act which is being commenced on a phased basis. |
| Health (General Practitioner Service) Act 2014 | Sections 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 2014 | Sections 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 cannot 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 sections will take place during 2017. |
| Public Health (Sunbeds) Act 2014 | Section 14. | This section relates to training. The matter is still under consideration. |
| Health (Alteration of Criteria for Eligibility) Act 2013 | Section 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 2013 | Section 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 2011 | Sections 4(2), 9(2)(g)(ii), 37(2)(a), 39, 40, 41, 44, 45, 59(1)(b) regarding professional competence, 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. No date set for the commencement of the remaining sections. |
| Health Act 2007 | Section 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. |
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