I move amendment No. 1:
In page 3, between lines 8 and 9, to insert the following subsection:
"(2) Notwithstanding subsection (1) of this section, regulations made wholly or partly under this section before the passing of this Act and in force at such passing shall continue in force until revoked."
The amendment is one which, if passed by this House, will have the effect of inserting a new subsection into section 1 which, in turn, is a substitute section.
Section 56 (3) of the Health Act, 1970 provides that a health board shall make available outpatient services without charge for children not included among the persons referred to in subsection (2) in respect of diseases and disabilities of a permanent or long term nature prescribed with the consent of the Minister for Finance. Section 1 of the Bill before the House at present proposes, among other things, to repeal that subsection. I would submit that, if that subsection is repealed by the Bill before the House, then the regulations made under that subsection will automatically fall as the basis for the coming into existence of those regulations will have ceased to exist.
The Minister himself would appear to recognise this fact when he said in the course of his remarks in the House this afternoon:
The Bill seeks the powers to enable the Minister for Health to make regulations setting out the charges to be made and the categories of people to which they will apply.
It is obvious, therefore, that if this Bill is enacted in this present form the regulations already in existence will cease to exist and, until the Minister makes new regulations, we will enter a twilight zone where nothing but the enabling legislation will exist. I regard that as a very unsatisfactory position.
I do not agree with the legal advice tendered to the Minister of State. Nor can I accept the categoric assurance the Minister has given in relation to these matters. In the course of my Second Stage remarks I said that the Minister and the Government gave many assurances in relation to the public health service. They have now adopted an approach fundamentally different from that spelled out by them in the course of the election campaign. Whereas I agree with the principle underlining this Bill I believe there is a difficulty to be overcome — one of the nature I have outlined — and it can be if my amendment is accepted by the Government.