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Dáil Éireann díospóireacht -
Wednesday, 24 Jun 1992

Vol. 421 No. 5

Written Answers. - Departmental Legislation.

Jim Higgins

Ceist:

133 Mr. J. Higgins asked the Minister for Health if he will give details in respect of his Department of (a) the legislation promised in the Oireachtas since 1989 and (b) the legislation introduced to the Oireachtas; and if he will make a statement on the matter.

Jim Higgins

Ceist:

134 Mr. J. Higgins asked the Minister for Health if he will give details of the legislation for which he is responsible, enacted by the Oireachtas, which has not yet gone into effect; and if he will make a statement on the matter.

I propose to take Questions Nos. 133 and 134 together.

The Health (Mental Services) Act, 1981 has not been brought into force because many of its provisions do not reflect the fundamental shift in the delivery of psychiatric services which have rapidly developed since the Act was passed.

On 3 June 1992 I published a Green Paper on Mental Health which includes proposals for new mental health legislation. Before this new legislation is enacted it is hoped to have wide-ranging discussion on the future of the mental health services with interested parties, both statutory and voluntary.
The Child Care Act, 1991 was enacted by the Oireachtas on 10 July 1991. In accordance with the commitment contained in theProgramme for Economic and Social Progress, the legislation is being implemented on a phased basis over the seven-year period of the programme.
The Health (Nursing Homes) Act, 1990 creates a new legal framework for nursing home care and the necessary regulations to implement this Act are at an advanced stage.
Since 1989 legislation was promised in relation to the following matters:-
(a) that health boards would act as "fit persons" for the purpose of taking children into care
This was enacted as the Children Act, 1989.
(b) the updating of the law in relation to the care and protection of children
This was enacted as the Child Care Act, 1991 which, as I have already said, is being introduced in accordance with the commitment contained in theProgramme for Economic and Social Progress.
(c) the recognition of foreign adoptions
This was enacted as the Adoption Act, 1991.
(d) legislation to give effect to new arrangements for eligibility announced in theProgramme for Economic and Social Progress.
This was enacted as the Health (Amendment) Act, 1991.
(e) In September 1991 the Government announced its decision to replace the Eastern Health Board with a new
authority which will be responsible for all health and personal social services in the existing Eastern Health Board area.
I hope to be in a position to introduce the appropriate legislation this coming autumn.
(f) an amendment to the Health (Family Planning) Acts 1979-1985. The Health (Family Planning) (Amendment) Bill was published in July 1991. I am considering possible further amendments to the Bill.
The necessary preparation and consultation is being carried out in relation to legislation on the following matters:—
(i) a Pharmacy Bill to introduce registration of community pharmacies and certain other related matters;
(ii) legislation to amend the Medical Practitioners Act, 1978;
(iii) a review of the Nurses Act, 1985 was announced in the 1992 Estimates speech. This may lead to an amendment of the legislation;
(iv) the statutory controls governing health agency expenditure, including indebtedness;
(v) registration of certain designated health-social services professions.
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