I propose to take Questions Nos. 146 and 176 together.
I am fully committed to supporting and maintaining the operation of our voluntary private health insurance market on the principles of community rating, open enrolment and lifetime cover. I am further committed to making regulatory provision for a scheme of risk equalisation as a necessary support to community rating going forward.
The current position is that my Department has completed the preparation of a draft scheme to be submitted for approval by each House of the Oireachtas at an early date. In advance of this, arrangements are proceeding to introduce a short Bill that will make further provision relating to the Health Insurance Authority and to risk equalisation.
As regards the view expressed concerning failure to utilise powers, I consider that view to be uninformed and incorrect. The Deputy will be aware that plans for the regulation of our health insurance market have been the subject of fundamental differences with BUPA and have attracted close interest on the part of the EU Commission.
My Department has, at all times, kept the Commission advised of proposed regulatory arrangements. While the Commission has formally accepted, in principle, Ireland's entitlement to have specific legal provisions in the interest of the common good in voluntary health insurance, it has emphasised the need for proportionality in any measures that may be taken. Furthermore, ongoing representations and complaints by BUPA have caused the Commission to revisit the matter on a number of occasions, including quite recently.