Duncan Smith (Dublin Fingal, Labour)
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228. To ask the Minister for Health if the position set out in a January 2004 Departmental background paper published as an appendix to the Travers Report to the effect that the Health Act 1970 distinguishes between eligibility and entitlement and that the nature of the obligation imposed by the Act to make services available is not such as to confer an entitlement on an individual insofar as this may be taken to mean a legally enforceable right capable of being enforced by mandatory order, remains his position and or that of his Department; and if he will make a statement on the matter. [28422/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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The Health Act 1970 ( as amended) sets out a framework of eligibility for rather than entitlement to health services. The Act provides for two categories of eligibility for persons ordinarily resident in the State, i.e. full eligibility (medical card holders) and limited eligibility (all others). Adults with full eligibility can access a range of services including GP services, prescribed drugs and medicines, all in-patient public hospital services in public wards, including consultants’ services, all out-patient public hospital services including consultants’ services, dental, ophthalmic and aural services and appliances, a termination of pregnancy service and a maternity and infant care service.

Persons with limited eligibility are eligible for in-patient and outpatient public hospital services including Consultant services, Emergency Department or minor injury care, are subject to certain charges. Other services such as allied healthcare professional services may also be made available to persons with limited eligibility.