Dáil Éireann debate -
Tuesday, 16 Jun 1998

Vol. 492 No. 4

Written Answers. - Proposed Legislation.

Frances Fitzgerald

Question:

196 Ms Fitzgerald asked the Minister for Health and Children the proposals, if any, for legislation being prepared under the auspices of his Department that have not yet been published; and the statutory instruments, if any, being prepared in his Department. [13982/98]

Minister for Health and Children (Mr. Cowen)

The following is the information requested by the Deputy: legislative proposals include, Mental Health Bill currently being drafted in the Office of the Attorney General which will be published as soon as possible; proposals to establish an Eastern Regional Health Authority to replace the Eastern Health Board are at an advanced stage of preparation; Voluntary Health Insurance Acts, 1957 and 1996 (Amendment) Bill, 1998, to enable the VHI Board act as agent in respect of an International Healthcare Plan, is currently with the Parliamentary Draftsman; an amendment to the Medical Practitioners Act, 1978, is under consideration; it is intended to prepare the heads of a new Nurses Bill to amend the 1985 Act following the publication of the First Report of the Commission on Nursing; the Statutory Registration of Certain Designated Health and Social Professions Bill; a Post Adoption Contact; Inter-country Adoption to enable the State to ratify the Hague Convention on the Protection of children and co-operation in respect of inter-country adoption; and, the mandatory reporting of child abuse.

Statutory instruments are being prepared in my Department for the following purposes: a statutory instrument is being prepared under the Hepatitis C Compensation Tribunal Act, 1997 to extend the classes of persons who may make a claim for compensation to the tribunal; to wind up the Tallaght Hospital Board; to amend S.I. No. 223 of 1961, to provide, in conjunction with legislation amending the Hospitals Federation and Amalgamation Act, 1961 (Establishment Day) Order, 1961, for the Board of the Adelaide and Meath Hospitals, Dublin incorporating the National Children's Hospital, taking over the appropriate functions of the Central Council of the Federated Dublin Voluntary Hospitals; my Department is in the process of drawing up regulations which will facilitate the monitoring of the prescribing and supply of methadone; the draft regulations are being discussed with the Attorney General's office and it is intended that the regulations will come into place in early July; to arrange for the transposition of the following directives: Commission Directive 96/4/EC of 16 February 1996 amending Directive 91/321/EEC on infant formulae and follow-on formulae; Commission Directive 96/5/EC of 16 February 1996 on processed cereal-based foods and baby-foods for infants and young children; Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction; Directive 96/83/EC of the European Parliament and of the Council of 19 December 1996 amending Directive 94/35/EC on sweeteners for use in foodstuffs; Council Directive 96/85/EC of 19 December 1996 amending Directive 95/2/EC on food additives other than colours and sweeteners; Commission Directive 96/77/EC of 2 December 1996 laying down specific purity criteria on food additives other than colours and sweeteners; Directive 97/60/EC of the European Parliament and of the Council of 27 October 1997 amending for the third time Directive 88/344/EEC on the approximation of the laws of the member states on extraction solvents used in the production of foodstuffs and food ingredients; Directive 96/70/EEC of the European Parliament and of the Council of 28 October 1996 amending Council Directive 80/777/EEC on the approximation of the laws of the member states relating to the exploitation and marketing of natural mineral waters; Directive 96/45/EC of 2 July 1996 relating to methods of analysis necessary for checking the composition of cosmetic products; Directive 97/18/EC of 17 April 1997 postponing the date after which animal tests are prohibited for ingredients or combinations of ingredients of cosmetic products; 21st Commission Directive 97/45/EC of 14 July 1997 adapting to technical progress Annexes II, III, VI and VII to Council Directive 76/768/EEC on the approximation of the laws of the member states relating to cosmetic products; and Council Directive 97/43/EURATOM Health protection of individuals against the dangers of ionising radiation in relation to medical exposure.

Frances Fitzgerald

Question:

197 Ms Fitzgerald asked the Minister for Health and Children the Acts and provisions of Acts under the auspices of his Department which, as of 1 June 1998, are not in force because a commencement order has not been made; whether it is proposed to make an order in each case; and, if so, when this will be made. [13997/98]

Minister for Health and Children (Mr. Cowen)

The following sections of the Health Insurance Act, 1994 have not yet been commenced: section 12 — subsections (1), (2), (3), (6), (7) — risk equalisation scheme; section 17 — levy on registered undertakings, and Part IV sections 19 to 34 — the Health Insurance Authority. It is proposed to make an order commencing these sections shortly.

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. Proposals for the amendment of these procedures in order to provide for a more customer focused service are currently being examined.

The Health (Mental Services) Act, 1981 was not brought into force as its provisions were overtaken by provisions in international law which require different safeguards against improper detention than those provided under the Act.