Liz McManus
Question:360 Ms McManus asked the Minister for Health and Children the secondary legislation still unsigned or passed into law by him in relation to legislation already passed by the Houses of the Oireachtas. [5802/03]
Written Answers - Legislative Programme.
Denis Naughten
Question:391 Mr. Naughten asked the Minister for Health and Children the secondary legislation outstanding within his Department; the function of each piece of secondary legislation; and if he will make a statement on the matter. [5524/03]
I propose to take Questions Nos. 360 and 391 together.
The secondary legislation that is currently outstanding within my Department is as follows:
1. Health Insurance Acts
Risk Equalisation RegulationsThese will provide for risk equalisation in support of the operation of community rating and open enrolment in our voluntary health insurance system. The regulations have been drafted for submission to the Oireachtas. Under the Health Insurance Act, the draft regulations require the approval of both Houses of the Oireachtas. There has been close liaison on proposed arrangements for risk equalisation with EU Commission. My Department is currently in correspondence with the Competition Directorate, which has received a complaint that the proposed scheme would involve State aid. This is being addressed with the directorate through the procedures it has for determining such matters.
Lifetime Community Rating RegulationsThese regulations will allow for late entry loadings to support the sustainability of community rated health insurance. However, these will not affect persons currently insured. Drafting will be commenced following completion of regulatory arrangements for risk equalisation.
2. Social Services Inspectorate
The Social Services Inspectorate is being established on a statutory basis under the Health (Corporate Bodies) Act, 1961.
3. Children Act 2001
Regulations and commencement orders are being drafted with a view to bringing Parts 2, 3 and 11 of the Children Act 2001 into operation. Part 2 of the Act will establish the family welfare conference system on a statutory basis in respect of children who may need special care and protection. Part 3 of the Act amends the Child Care Act 1991 to give health boards statutory responsibilities and powers to provide for children found in their area who may be in need of special care and protection. Part 11 of the Act provides for the establishment of the Special Residential Services Board. This board has already been established on an administrative basis, pending its establishment on a statutory basis.
4. Mental Health Act 2001
A number of regulations remain to be made under the provisions of the Mental Health Act 2001. These will provide,inter alia, for the commencement of the remaining parts of the Act, for standards in relation to approved centres, that is, hospitals and other in-patient facilities and other related matters which will allow the Act to be brought into operation.
5. Pre-Hospital Care
The Department will be amending S.I. No. 109 of 2000 which concerns the membership of the Pre-Hospital Emergency Care Council. This council has also submitted proposals in relation to the creation of an emergency medical technician, EMT-A, grade. The Misuse of Drugs Regulations, 1988 and the Medicinal Products (Prescriptions and Control) Regulations, 1996 may need to be amended to allow EMTs to administer cardiac and other appropriate medications in a pre-hospital setting. This issue is currently being examined by my Department.
6. National Treatment Purchase Fund
The National Treatment Purchase Fund is being established on a statutory basis under the Health Corporate Bodies Act (1961). A Statutory Instrument is in the process of being drafted to bring this about.
7. Misuse of Drugs Acts
Secondary legislation is currently being prepared that adds a range of substances to the Misuse of Drugs Acts. This requires the making of orders and regulations under these Acts. The need to introduce control over the various substances concerned, as controlled drugs, arises mainly out of this country's obligations under the various United Nations conventions on narcotic drugs, psychotropic substances and precursor chemicals, to which this country is a party.
8. Health (Miscellaneous Provisions) Act 2001
Effect has not been given to section 1(b) of the Health (Miscellaneous Provisions) Act 2001, which amends section 59 of the Health Act 1970 as it refers to the provision of the community drugs schemes. The matter is under consideration in my Department.
9. Public Health (Tobacco) Act 2002
The Public Health (Tobacco) Act 2002 contains a number of provisions which allow for the making of regulations. I have already announced my intention to make regulations under section 47 which will ban smoking in all workplaces with effect from 1 January 2004. I have not yet decided on the timetable for introducing other regulations under this Act.
10. EU Directives to be transposed into Irish law
In addition to the foregoing, the following EU directives will be transposed into Irish law: Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption. The expected transposition is the first quarter of 2003; Commission Directive 2002/26/EC of 13 March 2002 laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs. The expected transposition date is February 2003; Commission Directive 2002/27/EC of 13 March 2002 amending Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs. The expected transposition date is February 2003; Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs. The expected transposition date is February 2003; Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements. The expected date of transposition is the second quarter of 2003; Commission Directive 2002/82/EC of 15 October 2002 amending Directive 96/77/EC laying down specific purity criteria on food additives other than colours and sweeteners. The expected date of transposition is the second quarter 2003.