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Seanad Éireann díospóireacht -
Tuesday, 12 Jul 2022

Vol. 287 No. 5

Health (Miscellaneous Provisions) (No. 2) Bill: Second Stage

Question proposed: "That the Bill be now read a Second Time."

I am delighted to be here. It is a good day in terms of legislation, women's healthcare and the cost of living as it relates to healthcare. The Bill's core purposes have been expanded. Originally the Bill had one aim, namely to abolish inpatient charges for children in hospitals. That is a really important step in the right direction. It is now being amended to encompass provisions to provide free contraception on a statutory basis in the State for the first time.

We are starting the scheme with women aged 17 to 25, as per our commitment in the programme for Government.

I will first focus on the initial objective of abolishing public hospital inpatient charges for children. This legislation, when enacted, will ease the financial burden of parents and guardians when bringing their child to hospital for inpatient care. It will help to ensure that cost is not a big consideration for families when children require access to inpatient treatment. Currently public patients, including children, are subject to a statutory inpatient charge of €80 per day, up to a maximum of ten days, or €800, in a year. This Bill seeks to put an end to that charge for children. It will amend the Health Act 1970 to provide a specific additional exemption from this charge for children under the age of 16.

This is an important step towards affordability, along with a lot of other things we are doing. We have reduced the drug payment scheme. We are looking at free GP care for six- and seven-year-olds. The two provisions in this Bill are really important. It is an important signal. If parents or guardians have a child in hospital then they are already going through a very difficult time and are already under a huge amount of pressure and stress. Having brought their child to hospital and having had their child in hospital for ten days or more, the last thing that parents then need is a bill from the hospital for €800. This legislation will put an end to that, which is very welcome.

Following a recent Government decision, a Dáil Committee Stage amendment was brought forward to the Bill to provide for free contraception, starting with women aged 17 to 25. As we discussed here previously in the Seanad, the intention is to expand that scheme. We want this free contraception available for everybody. We must start somewhere and the expert report we got back proposed that we start with 17- to 25-year-olds. The scheme will be open to all women aged 17 to 25 who are ordinarily resident in Ireland. The scheme will fully cover all of the costs associated with it including medical appointments to discuss and prescribe suitable contraception; fitting and removal of long-acting reversible contraception, LARCS, for example, implants and coils; any necessary checks for LARCS; and a wide range of prescription contraceptives currently on the reimbursement list and available to medical card holders. It also will abolish the prescription charges for medical card holders for other medicines. It is very wide ranging in the context of the costs it covers. A woman can go to the doctor, have a consultation for implants for long-acting reversible contraception or for the pill or other prescribed medicines, have check-ups and get the medicines or devices, all of which costs will be covered.

I will now provide a brief explanation of the sections of the Bill. Part 1 contains standard provisions setting out the Short Title citation and provides that the Bill shall be subject to a commencement order.

Part 2 of the Bill deals with exemptions from public inpatient charges for acute inpatient services.

Section 3 amends section 47A of the Health Act 1970 to provide that the new section 53C(9)(bb) of the Health Act 1970, which gives effect to the exemption from charges for acute inpatient services for children under the age of 16, is included for reference within section 47A of the Health Act 1970.

Section 4 amends section 53C of the Health Act 1970. Section 53C provides that charges shall be made for acute inpatient services provided by or on behalf of the Health Service Executive. The proposed new section 53C(9)(aa) confirms that the €80 public charge is not applicable to persons who have chosen to avail of private acute inpatient services under section 55 of the Health Act, in which circumstances the more significant charges set out in Schedule 4 appropriately apply.

The proposed new section 53C9(bb) provides for the exemption from the charge for children up to the age of 16 years of age arising from acute inpatient services. The Bill also provides that under sections 4(c) and 4(d), the existing inpatient charging exemption provisions for children will not be impacted. The big effect of these amendments is to remove the acute public inpatient charge of €80 per day for children under the age of 16 in all public hospitals.

Part 3 deals with the provision of contraception services. Section 5 amends section 47A of the Health Act 1970 to provide that the new section 67E of the Health Act 1970, which gives effect to the free contraception scheme for women aged 17 to 25, is included for reference within section 47A of the Health Act 1970.

Section 6 inserts a new section 67E into the Health Act 1970. This contains the main provisions for the free contraception scheme. Within this proposed new section 67E, there are 11 subsections. I will briefly focus on some of the main subsections. Subsection (1) provides that the HSE will make available, without charge, access for women aged 17 to 25 to medical practitioners for the purposes of accessing prescription contraception, dispensing of prescription contraception by pharmacies and the fitting and removal of long-acting reversible contraception, and that this will be free of charge. Subsection (2) provides that a woman can choose to access the scheme through any GP or medical practitioner who has signed up with the HSE as a scheme provider. Subsection (3) provides that free prescription contraception will be accessed via pharmacies. Subsection (5) provides that the Minister, after consultation with the Minister for Public Expenditure and Reform, may make regulations to vary the age cohort eligible for the scheme, allowing for wider access in future, which we hope to do.

Subsection (6) provides that the age cohort cannot be extended below the age of 17 years by way of regulation. This point came up on Committee Stage, and indeed we spent all our time in Dáil Éireann on this point during Committee Stage. This subsection is included in order for us to get the Bill passed. It is not my intention that this would remain as a permanent feature in the Bill. I have asked the Department to start preparing the amending legislation. We received legal advice recently that we needed to put the scheme on a statutory basis. It is important to me, and I believe to colleagues here, that this happens before the Dáil rises for the summer recess. We want the scheme in place and operational at the end of August and the start of September. I believe the scheme should be expanded to those below the age of 17. The only reason this subsection is here is to make this Bill, which was put together quickly, legally robust. The Department will now be spending the time on some of the real complexities in terms of reducing the age to below 17. I am fully committed to doing that.

Subsection (7) provides that the Minister, with the consent of the Minister for Public Expenditure and Reform, may set the fees to be paid to GPs and pharmacists under the scheme.

Section 7 of the Bill contains a number of consequential amendments to the Health (Pricing and Supply of Medical Goods) Act 2013.

In summary, bearing in mind all of the positive impacts arising from the abolition of public inpatient charges for those under the age of 16, and the introduction of the contraception scheme, starting with women aged 17 to 25, I am seeking the support of Seanad Éireann for these very important affordability measures. I believe they are beyond just affordability measures, certainly when it comes to free contraception. I spent some time with the Irish Family Planning Association team on Cathal Brugha Street some time ago. That organisation was set up decades ago to respond to the negative impact on women's health at the time when contraception was banned. It was wonderful to be up with that group to say not only is it legal, but we are making it free for the first time in the history of the State. While it is an important affordability measure, it is also an important statement of intent that this Government, and Oireachtas, including this Seanad, are absolutely serious about and committed to a revolution in women's healthcare. This is one important part of that work.

Senator Eugene Murphy has eight minutes.

I probably will not take the eight minutes. I am representing Senator Clifford-Lee, who is caught up with other engagements.

My party and I welcome what the Minister is introducing today. I reference in particular the exemption from hospital charges for children under 16 years of age in all public hospitals, and for persons who have chosen to avail of private, acute inpatient services. We should not forget that there are many times when people might need to bring their child to a hospital and because of income barriers they make a choice not to do it. That can be quite upsetting. I come across this in my clinics quite a lot. The sum of €800 is a lot of money if one does not have it. That worries people. Many people will not throw caution to the wind. I would always say that a person should go to hospital and that we will sort out the bill some way, but many parents or guardians would not throw caution to the wind and go to the hospital because they would be worried about not being able to pay a bill. This is a very welcome move. I know the Minister is very much committed to ensuring that children's healthcare is free where we can possibly do so. Hospital charges have been issued to many parents. As the Minister said, public patients, including children, are subject to the acute inpatient charge of €80 per day, up to a maximum of €800 in a year, so it can be a big issue, in particular if one has to bring a child to hospital on an ongoing basis. While many hospitals and the Department are quite good in exceptional circumstances, the lack of a medical card for families can cause a financial strain.

I also welcome the amendment the Minister has introduced to provide a contraception scheme for women aged 17 to 25. He explained that very well here today. The important factor is that he has funded it and provided €9 million to get the scheme up and running. That is important. We can announce many issues, but if we do not fund them, they often do not benefit the public. This initiative is very welcome, and our party welcomes it.

I compliment the Minister and the Ministers of State, Deputies Rabbitte, Feighan and Butler, on the good work they are doing, not alone in women's healthcare but throughout the health service. We must remember that through all of this the Minister had to deal with Covid as well. It is good to see progress being made here today and the measures introduced by the Minister. It is also a very good day for women's health with the launch of our party's women's healthcare policy. We are the first political party in Ireland to do this. The event is taking place in Buswells Hotel at 3 p.m. today. The Minister is quite excited about that development.

On behalf of our party, I welcome what the Minister is doing here today. I look forward to further progress and to making my own recommendations to the Minister as we further develop a good healthcare system for people. We must acknowledge that many issues have been delayed because of Covid, but that is not stopping the Minister, the Ministers of State or their departmental officials from coming forward with such legislative measures and changes that are absolutely necessary as we move forward with healthcare in general.

I very much welcome the Minister to the House. I also very much welcome this legislation. It is groundbreaking and is fulfilling a clear commitment in the programme for Government. It is the right thing to do. It is a terrible situation when a child gets sick, and a mother or father must debate whether to bring the child to hospital for financial reasons. I do not think too many parents do that, but no parent should ever have to do it. The proposal contained in this Bill to eliminate inpatient hospital charges for young people under 16 years of age is very welcome. It will help as well with the cost-of-living situation the country faces.

I would like to see it increase to 18 years because, in most cases, young people between the ages of 16 and 18 are living at home and they are dependent on their parents. The circumstances of a child of 15 and a half compared to a child of 16 and a half are usually not too dissimilar. Perhaps at some future date the Minister might look at increasing the age threshold to 18. That would be very reasonable and fair. Perhaps there is a reason that it is 16 that I do not get. There may be an explanation that is covered under some other heading. It is welcome. It is progress. It is another incremental step in the right direction to universal healthcare for all, which is the commitment under Sláintecare. That must be welcomed.

I also very much welcome that the Minister took the opportunity presented by this legislation to introduce free contraception for 17- to 25-year olds. Again, that relates to a clear commitment in the programme for Government. It is a deliverable. We often hear about programmes for Government and how much has been delivered. This is a clear deliverable. It was agreed by the three parties and within two years of taking office the Minister has made it happen. It is very welcome. Again, a young woman should not be afraid to go to her GP to discuss contraception simply because she does not have the money.

When she goes to her GP, she should be able to avail of whatever he or she recommends as the best form of contraception. Not being able to do so because she does not have the resources should not be an option.

It is very welcome that this measure has been introduced up to the age of 25. Perhaps we could look at increasing the age in future budgets. The initiative is very welcome. It is a vote of confidence in the women of Ireland. It is creating the type of equality that we all strive for, namely, equality of access to healthcare. It is on the back of what the Minister has done in terms of period poverty and in other areas as well. Even during the pandemic, we were in here introducing legislation that sometimes went under the radar but made a real difference to the lives of people, in particular women on the margins. We heard some horrendous stories about people who suffered from period poverty prior to the measures being introduced. No citizen should have to be in that situation. Similarly, no female should be in a situation where she cannot avail of the best form of appropriate contraception. That is very welcome.

While I am on my feet, I commend what has been done in terms of the human papillomavirus, HPV, vaccine. I raised it on many occasions with the Minister and I pushed hard to ensure that the HPV catch-up programme would be free of charge. It is very welcome that this has happened. Again, it is another incremental step in support of women and creating equality. Some people who were hesitant about their young girls getting vaccinated in first year in school, regretted it, but then they could not access the programme. I spoke to one woman who is known to both the Minister and I, who ended up having to pay €1,200 to get her three daughters vaccinated because she did not avail of the catch-up programme. Luckily, she was in a position where she could afford it, but there were many who could not. Numerous people contacted my office when I previously raised this issue publicly. We were able to get back to all of them and say that hopefully by September there will be a catch-up programme in place. I commend the Minister on that.

We are always advocating on behalf of citizens and sometimes it can be difficult and challenging, but when things are done I will be the very first one to stand up and commend them, because we are all here to try to do the right thing. The ultimate aim of all of us is to achieve the ambition of Sláintecare, which is free healthcare for all. I am pleased the Bill is not being opposed because in this House our Sinn Féin colleagues, and all our other colleagues, are committed to what we are committed to, which is ensuring that we will eventually have the best healthcare service in Europe, if not in the world.

Cuirim fáilte roimh an Aire agus roimh an reachtaíocht atá os ár gcomhair inniu. It is always good to have a fellow "Donnelly" in the Chamber, in particular when they are outlining welcome news such as that contained in the Bill today.

I am conscious of the fact that so far, through no fault of our own, it is all men who have been speaking on this legislation. I do not think that is reflective of the Seanad, however. Our Seanad Leader and the majority of leaders are women. This Twenty-sixth Seanad, in particular, has a proud record in advocating for and advancing women's health issues. I am conscious of that as I rise to my feet.

Any measure that reduces the cost of healthcare for any citizen is, of course, to be welcomed. I say that as someone who avails of free universal healthcare and have done all of my life. It is a significant step forward that I hope will be followed by many more steps ahead with regard to making healthcare much more accessible and available to all citizens. I welcome that in the first instance.

Like other colleagues, I will not use the entire duration of my time but I also welcome the roll-out of free contraception to women aged 17 to 25. The Minister could perhaps keep me right on this issue, however. I note that in a response to a parliamentary question tabled by my colleague, Deputy Cullinane, the Minister said:

Full year costings for 17-25 year-olds may be considered in the context of Estimates 2023, but no costings have been finalised to date and no funding allocations for future years agreed at this stage. Estimated costings for wider age ranges have been included in the Report of the Working Group on Contraception.

Obviously, my colleague, Senator Conway, referred to the need for this to ultimately be rolled out to broader age groups. The Minister might be able to clarify that for me more comprehensively in terms of his response on Second Stage. My colleagues in the Lower House outlined Sinn Féin's broader approach to this legislation and, indeed, the issues contained therein. Before I finish, I will quickly note and welcome the fact that according to today's Irish Examiner , we finally have legislation that will be ready to be enacted with regard to safe access zones.

The Minister engaged with this Seanad in relation to our Safe Access to Termination of Pregnancy Services Bill 2021, which passed all Stages of the Seanad. We always said we would work with the Minister if he brought that legislation forward. Can the Minister confirm when that legislation will come before us? We are obviously heading into the summer recess. Can he confirm that it will be brought and hopefully concluded before Christmas and the end of this year? The reason I ask is because the Minister and all colleagues know these protests remain an issue. They are still ongoing. There is still intimidation and harassment of women trying to access healthcare and that needs to be brought to an end as soon as possible.

In asking that, I acknowledge and commend the work of Together for Safety in advancing this issue and working so collaboratively and positively with us in Sinn Féin and, indeed, colleagues right across the Oireachtas in ensuring that our Bill passed through the Seanad. I wish the Minister well in his efforts to bring forward that legislation. I hope it can be brought before us as early as possible when we come back following the summer recess.

I welcome the Minister to the House. I commend this piece of legislation. At a time when we are told that Government does not understand the cost of living crisis and is not in tune with the people, is it not extraordinary then that the Minister, Deputy Donnelly, brought a piece of legislation to improve access to healthcare into the House today? As Senator Conway rightly said, it eases the financial pressure and worry of parents. My learned colleague and friend across the Chamber stood up today and welcomed the Bill - the hypocrisy of the Opposition never ceases to amaze me. Every day Opposition Members come in and tell us they do not understand and do not get it and that we are out of touch, yet what have we got before the House today? Another piece of supportive scaffolding by a Fine Gael-Fianna Fáil-Green Party Government that is supposedly out of touch. It is extraordinary.

Today is a good day. In advance of today, we have seen a huge march towards universal healthcare from free GP care to today's legislation on inpatient charges for children. Of course, the Minister published the other Bill with regard to inpatient charges as well. Senator Currie this morning during the Order of Business made reference to the issue of Dublin Airport and parking charges. I ask that we as a Government look at the cost of car parking in our hospitals. I know it is a revenue source for hospitals but it is something we should look at again.

The Bill today is about easing the financial burden on parents and ensuring that no parent or guardian has to make a choice about the care of his or her young child. We all know from our families and our own lived experience of that middle-of-the-night excursion to the hospital or that after-match or mid-match trip to the hospital with a broken shoulder, leg, arm or whatever. Today is a positive day.

I commend the Minister on his piece of work around free contraception. It was said at the Fianna Fáil parliamentary get-together last week that Fine Gael was perhaps critical of the Minister. I will say on behalf of the Fine Gael Members that the idea of free access to contraceptive care is one we wholeheartedly embrace, which the Minister knows. I am glad he is bringing that forward. However, we should look at this in the context of Kitty Holland's piece in The Irish Times today about the Unplanned Pregnancy and Abortion Care, UnPAC, study from Trinity College Dublin, TCD, on women's reproductive health needs and care. Senator Ó Donnghaile and I will be ad idem on this and the issue of safe zones and the universality of access to care for women. I hope that we can have a debate on that UnPAC report after the summer recess because no woman in this country should have to feel frightened, inadequate or worried about accessing any type of healthcare. In the context of Roe v. Wade in America but more importantly here in Ireland, it is important that the chilling effect is not felt by our women.

Today, thíos staighre, the women of this Seanad and previous Members are celebrating Seanad 100. Look at the huge progress we have made in terms of women's health and women's reproductive rights in this country. Today is about the children and parents of Ireland, however. It is about ensuring that access to coverage of healthcare is given, which I very much welcome.

I will also make the point that in the context of our healthcare system, when we talk to pharmacists and GPs, they speak about pressure points, whether it is SouthDoc in County Cork or the locum cover in our community pharmacies. I hope the Government will reach out and a conversation will be had by the Department of Health and the HSE around the issues of our general practitioners and pharmacists who do tremendous work. I thank the men and women who work at the coal face and on the front line of our community healthcare, that is, our GPs and pharmacists. We can talk about how the quality of engagement and care and attention given in our chemists and pharmacists is extraordinary, and equally so with our general practices. Some of us have a worry that general practice is beginning to fray at the edges. That is not a criticism of the Minister, in case he or some of his colleagues think it is; it is not. It is about ensuring that our primary care system is top class and continues to be top class. Today is a great day, however. It is a day on which we celebrate a further scaffolding of support for our children and their parents.

The Minister is more than welcome to the House. This is a really important piece of legislation, which I welcome. As a parent and father, this issue about the cost of care for children is huge for Irish society. There is a fear out there more than anything else. It is the fear of what it could cost rather than what it actually will cost. We are taking the fear out of that today, which is a really positive step. This is part of a suite of measures that are coming into place. I often listen to the older generation, in particular, when they talk about the reduction in the prescription fee. Bringing that threshold down to €80 a few months ago was a really significant change for the cost of living for these people as well.

Considering what we are now doing for the younger generation, it is a really positive step forward. It was mentioned that we should perhaps look at expanding this in time. It is a great step forward.

Like all of us, I look at my children and want them to leave home. I do not think any of us will see that happening. If anything, I think our children will be staying at home for longer than we want them to. The cost of removing inpatient fees for those up to the age of 18 is something that we will have to look at in time. That is part of the way society has moved. When our children are leaving secondary school after six years, they are nearly 19 years of age. They are a part of our family units at a primary level until they leave school. I think that this Bill is a great step forward. The measures on contraception services show how Ireland has changed. It really has changed. Ten or 20 years ago, such measures would not have been introduced. Now the expectation is that services should be provided. That shows how we have matured as a nation and a people. I am delighted that the legislation is being passed. It ties it all in together. I thank the Minister for bringing forward the legislation. I hope that it passes all Stages today and goes on to be enacted.

I thank all the Senators for their contributions. I call on the Minister to respond. He has ten minutes.

I think we can do what Senator Lombard stated in a shorter period than that. It is off topic, but I was asked about safe access zones. With the Acting Chairperson's permission, I will address the issue briefly.

There is draft legislation to deliver what we all want to see happen. I want to acknowledge the very constructive debates we have had in the Seanad on the issue. A Private Members' Bill on safe access to termination of pregnancy services was brought forward previously. I acknowledge the significant work put into that Bill by the Members concerned. At the time, I committed to bringing forward and prioritising legislation in the area. We have done that.

On the timeframe for delivery, the legislation will be considered by Cabinet shortly. If Cabinet agrees, which I hope it will, I will then immediately refer it to the Joint Committee on Health for pre-legislative scrutiny. My hope is that the committee will be able to prioritise time for that scrutiny and will be able to move through the process quickly. Once we receive the report from the committee, we will move to finalise the Bill. I would like to bring it to the House as quickly as possible. I would love to get through all of that this calendar year. It is a priority and has support on all sides of the House. It is something that I would like to see happen.

In terms of funding for next year, €9 million in funding is being allocated this year for the provision of free contraception for 17- to 25-year-olds. That is the cost estimate. The full-year cost, which is provided for, is €26 million. It is a really important measure, but the figures I provided underscore just how expensive it is. To put it in context, we estimate that the full year cost of providing free contraception just for 17- to 25-year-olds is around €26 million. The additional funding for the national maternity strategy is just €9 million. The total funding for new developments for the entire national cancer strategy is €20 million. The full cost of this measure is €26 million. It is a most important and expensive measure. It is a mark of how seriously we are taking the issue, that we are allocating such significant funds to it.

Senator Buttimer raised the issue of other costs, such as car parking charges at hospitals, for example. I am aware that some hospitals have agreements in place whereby there is a mechanism for waiving the charges for patients who are in regularly or for family members who might be visiting someone who is in regularly. However, charges are managed on a hospital-by-hospital basis. I am very aware that there is a wide range of costs right across the board. These include the costs relating to accessing hospitals, GPs and other community care, such as physiotherapy and speech and language therapy and all of those services, and medicines. The goal is the provision of universal healthcare. We are absolutely committed to achieving that.

Universal healthcare is profoundly important and has three very simple criteria. When people need care, they can get it quickly, it is high-quality and affordable. Today is about the third criterion. We are removing inpatient charges for children and the cost of contraception, starting with the 17- to 25-year-olds. We are also looking at other costs. Last year we secured the extension of the provision of medical cards to those with a terminal diagnosis from 12 months to 24 months. We have reduced the drug payment scheme threshold substantially this year. At the start of the year, we reduced it from €114 to €100 a month. It has since been reduced to €80 a month. We also plan to bring in free GP care for six- and seven-year-olds. Across the board, we are targeting the areas of healthcare that are causing financial distress for people. We have not got them all yet. Obviously, it takes time. However, I hope that my colleagues agree that this year, we are making really important progress. We will also be looking to the budget to see what more can be done. I think we have covered the various issues that were raised.

Can I ask about the hospital charges for 16- to 18-year-olds?

The reason that charges were removed for inpatients aged under 16 is that the children's hospitals take patients up to the age of 15. In terms of medical consent, a patient becomes an adult at the age of 16.

It is not that we do not want to go further. I would love to go further.

Earlier in the year I talked about the idea of removing inpatient hospital charges for adults. We do not have agreement on the issue or the funding required currently. However, we want to expand the removal of charges. In response to Senator Conway's question on whether I see it being expanded to include adults, I do. We are looking at how that might work.

Question put and agreed to.

When is it proposed to take Committee Stage?

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