Written answers
Thursday, 14 December 2017
Department of Health
Commencement of Legislation
Brendan Howlin (Wexford, Labour)
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328. To ask the Minister for Health the Acts, or parts of Acts, awaiting commencement within his area of statutory responsibility; the reason for the delay in the commencement of each; and if he will make a statement on the matter. [53570/17]
Simon Harris (Wicklow, Fine Gael)
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Information is shown in the table in relation to legislation within my area of statutory responsibility which has been enacted since 2011 and not yet commenced. The Deputy might let me know if he would like information in regard to any specific Act enacted prior to 2011.
| Acts passed since 2011 | Sections not in force | Current position |
|---|---|---|
| Health and Social Care Professionals (Amendment) Act 2017 | Whole Act. This Act was enacted on 9 December 2017. | It is envisaged that the commencement order to commence all sections will be made in December 2017. |
| Civil Liability (Amendment) Act 2017 - Part 4 | This Act was enacted in November 2017. | The Minister for Health is responsible for Part 4 of the Civil Liability (Amendment) Act 2017. Part 4 of the Act provides for the voluntary open disclosure of patient safety incidents. It is intended to commence Part 4 of the Act in Spring 2018. |
| Misuse of Drugs (Amendment) Act 2016 | Sections 4, 5 and 7(a) and (b). | 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). Sections 7(a) and (b) 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. |
| Children and Family Relationships Act 2015 | Parts 2 and 3 | Regulations to facilitate the commencement of Parts 2 & 3 of the Children and Family Relationships Act 2015 are being prepared. My Department is also working to resolve a small number of technical issues in order to ensure that the processes associated with Parts 2 and 3 of the Act can be commenced. |
| Health (General Practitioner Service) Act 2015 | Section 2 - Amendment of section 58 of Health Act 1970. | Consultations are ongoing with the Office of the Attorney General (AGO). A decision will be made on commencement on the conclusion of the consultation process. |
| Assisted Decision-Making (Capacity) Act 2015 | Section 82, except insofar as it relates to the definition of “Minister”, Sections 83 – 90, Section 91(1), except insofar as it relates to definitions of “Code of Practice” and “Working Group”, Sections 91(3) – 91(14), Sections 92 and 93. | The Assisted Decision-Making (Capacity) Act was signed into law on 30 December 2015. The Minister for Justice and Equality is responsible for commencement of the Assisted Decision-Making (Capacity) Act 2015, except for Part 8, which the Minister for Health is responsible for commencing. Part 8 of the Act provides a legislative framework for advance healthcare directives (AHDs). Section 91(2) of the Act was commenced on 17 October 2016 and a multidisciplinary Working Group was subsequently established by the Minister for Health to assist in the development of the Code of Practice on the AHD provisions. The Working Group will submit its recommendations for the Code of Practice on the AHD provisions to the Director of the Decision Support Service. The Director shall, with the consent of the Minister for Health, publish a Code of Practice, based (whether in whole or in part) on those recommendations. The preparation of this Code of Practice will facilitate the subsequent commencement of Part 8 of the Act, pertaining to AHDs, in its entirety. |
| Health Identifiers Act 2014 | Sections 7(2)-(6), 10(3), 11(1)-(5), (7), 12-20, 24, 35-39. | The 2014 Act provides the legal basis for the introduction of a system of unique health identifiers for (a) individuals and (b) health services providers. It was always the intention that implementation of the health identifier project would be on a phased basis. Accordingly, the commencement of the Act's provisions, in a timely and relevant way, is structured to support the planned phased implementation. The initial implementation focus is on the identifier for individuals and, necessary provisions in the Act, in that area, have been commenced. |
| Health (General Practitioner Service) Act 2014 | Sections 2, 3(a) and 9 - Amendments to Health Act 1970 and other issues. | Following the conclusion of consultations with the Office of the Attorney General (AGO) and discussions with the HSE, a decision will be made on commencement on these sections. |
| 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 sections can be commenced when CORU (the statutory regulator for health and social care professionals) has made the necessary bye laws. Section 23 provides for conditions to be attached to the registration of a person with a relevant medical disability. CORU’s registration system is being updated to allow this section to be commenced. It is envisaged that commencement of these sections (6(a)(iii), part of 12(b), 21 and 23) will take place during 2018. |
| Public Health (Sunbeds) Act 2014 | Section 14. | Section 14 relates to training in the use of sunbeds by sunbed business operators or their employees. This matter is still under consideration. |
| Health (Alteration of Criteria for Eligibility) Act 2013 | Section 4 - Amendment of section 47 of Health Act 1970. | Consultations have taken place with the Office of the Attorney General (AGO). As commencement of this section is now bound up with the commencement of sections 2, 3(a) and 9 of the Health (General Practitioners Services) Act 2014, a decision will be made on commencement on the conclusion of the commencement process for those sections. |
| 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. |
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