Tuesday, 29 September 2020

Ceisteanna (264, 266)

Noel Grealish

Ceist:

264. Deputy Noel Grealish asked the Minister for Finance if primary medical certificate applications are still being accepted and processed; if not, the reason therefor; and if he will make a statement on the matter. [27203/20]

Amharc ar fhreagra

Noel Grealish

Ceist:

266. Deputy Noel Grealish asked the Minister for Finance if primary medical certificate applications are still being accepted and processed; if not, the reason therefor; and if he will make a statement on the matter. [27329/20]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Finance)

I propose to take Questions Nos. 264 and 266 together.

Primary Medical Certificate (PMC) assessments are undertaken by Senior Area Medical Officers of the HSE and, in relation to appeals, by the Disabled Drivers Medical Board of Appeal. I  have requested that these assessments temporarily cease pending consideration of, and a policy and/or legislative response to, a recent Supreme Court decision which has created uncertainty as to the current legal basis for conducting PMC assessments.   

A Supreme Court decision of 18th June found in favour of two appellants against the Disabled Drivers Medical Board of Appeal's refusal to grant them a PMC. The judgement found that the medical criteria set out in the Regulations did not align with the regulation making mandate provided in the primary legislation to further define criteria for ‘severely and permanently disabled’ persons.

The Supreme Court decision has raised complex legal and policy issues which require careful consideration. My officials are currently examining the judgement, in conjunction with the Attorney General’s Office, and will bring forward any policy and/or legislative proposals, as necessary, for my consideration in due course.