Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Written Answers. - Commencement Orders.

Frances Fitzgerald

Question:

160 Ms F. Fitzgerald asked the Minister for Health the Acts and provisions of Acts under the auspices of his Department which, as of 1 January 1996, are not in force in view of the fact that a commencement order has not been made; whether it is proposed to make such an order in each case; and if so, when. [19408/96]

Minister for Health (Mr. Noonan,

Limerick East): The information requested by the Deputy is as follows:

The provisions of section 47 (1) of the Health Act, 1970 regarding appeals were not brought formally into effect but procedures have been operating informally in all health boards. I am at present considering proposals for an appeals mechanism.

The Health (Mental Services) Act, 1981 has not been brought into force as its provisions have been overtaken by development in international law which require different safeguards against improper detention than those provided under the Act. The general thrust of the Act has been superseded by developments in the psychiatric services.

Following the publication of the Green Paper on Mental Health in 1992 and the White Paper — a New Mental Health Act — in 1995 the drafting of heads of a Bill and a general scheme are at an advanced stage of preparation and will shortly be presented by me to Government for approval.

A commencement order has yet to be made in respect of the following provisions of the Health Insurance Act, 1994:

Section 12, subsections (1), (2), (3), (6) and (7) relating to the operation of a risk equalisation scheme.

Section 17 relating to the introduction of a levy on registered health benefits undertakings.

Sections 19 to 34 relating to the establishment of the health insurance authority.

The making of a commencement order in relation to these provisions is related to developments in the health insurance market.

The following provisions of the Irish Medicines Board Act (1995) are not yet in force: paragraphs (a), (b) and (e) of subsection 1 of section 4, and section 35 and the Schedule to the Act. The commencement order bringing these into force will be made in the near future following the completion of the necessary transitional arrangements.

Sixty-one of the 79 sections of the Child Act, 1991 have been brought into operation to date. The remaining provisions, which are contained in Parts VII and VIII, deal with the supervision of pre-school services and the registration of children's residential centres. New regulations are required in order to give full effect to those two Parts. In accordance with the timescale determined by the Government, it is intended that the Act in its entirely will be implemented by the end of the current year.