Health and care services
Health legislation priorities
The tri-party coalition Government has a series of legislative health priorities as outlined in the Programme for Government. The subsequent legislative programme includes the corresponding bills to be progressed, alongside other health bills already at various stages of the legislative process.
Under the Universal Healthcare mission of the Programme for Government, legislative priorities listed include:
- legislating for public-only work in public hospitals;
- enacting the Patient Safety (Notifiable Patient Safety Incidents) Bill 2019;
- enacting the National Research Ethics Committee Bill;
- enacting the Human Tissue Bill;
- enacting the Assisted Human Reproduction Bill;
- introducing a Public Health Obesity Act;
- updating the Mental Health Act 2001; and
- enacting legislation to implement the revised Nursing Homes Support Scheme.
Largely aligning with the Programme for Government, the legislative programme for autumn session as outlined by the Office of the Government Chief Whip Jack Chambers TD is divided into six distinct categories of progression.
The legislative programme for the autumn session is signed off by cabinet following consultation with government departments, officials and the Attorney General. So far, three bills relating to health have been enacted since the Government came to office.
Priority health legislation for publication
- Central Mental Hospital (Relocation) Bill: Will provide a legislative basis for the relocation of the Central Mental Hospital from Dundrum to Portrane
Status: The Bill is currently before Seanad Éireann, Second Stage - Health Act 1947 (Amendment) Bill: Will amend the Health Act 1947 and provide a more tiered set of penalties for Covid-19 issues than currently provided for under Section 31A.
Status: Enacted 25 October 2020 - Health Insurance (Amendment) Bill: Will provide for revised risk equalisation credits and corresponding stamp duty levies to apply to health insurance polices and technical amendments to the Health Insurance Acts.
Status: The Bill has completed Dáil Éireann, Fifth Stage - Nursing Home Support Scheme (Amendment) Bill: Will give effect to the recommendation of the Fair Deal Review and deliver on Programme for Government commitment.
Status: Heads approved 11 June 2019. Pre-legislative scrutiny has taken place. (The Bill has lapsed with the dissolution of the 32nd Dáil and 26th Seanad.)
Health bills that are expected to undergo pre-legislative scrutiny
- Central Mental Hospital (Relocation) Bill: Will provide a legislative basis for the relocation of the Central Mental Hospital from Dundrum to Portrane.
Status: The Bill is currently before Seanad Éireann, Second Stage - Health Act 1947 (Amendment) Bill: Will amend the Health Act 1947 and provide a more tiered set of penalties for Covid-19 issues than currently provided for under Section 31A.
Status: Enacted 25 October 2020 - Health Bill: Will amend the Health Act 2004 to provide for changes to corporate and service planning processes for the HSE and further board and CEO functions while also amending the National Cancer Registry Board (Establishment) Order 1991 to increase Board membership.
Status: Heads in preparation. - Health Insurance (Amendment) Bill: Will provide for revised risk equalisation credits and corresponding stamp duty levies to apply to health insurance policies and technical amendments to the Health Insurance Acts.
Status: The Bill has completed Dáil Éireann, Fifth Stage - Public Health (Tobacco and Nicotine Inhaling Products) Bill: Will introduce a licensing system for the sale of tobacco and nicotine inhaling products, including e-cigarettes.
Status: Heads approved 22 October 2019. Pre-legislative scrutiny still to be determined. (The Bill has lapsed with the dissolution of the 32nd Dáil and 25th Seanad.)
All other legislation
- Assisted Human Reproduction Bill: Will provide a legislative framework for the regulation of assisted human reproduction practices and associated research.
Status: Heads approved 3 October 2017. Pre-legislative scrutiny has taken place - Health (Adult Safeguarding) Bill: Will underpin a plan national health sector policy on safeguarding vulnerable or at-risk adults in the context of their interaction with the health sector.
Status: Preparatory work is underway - Human Tissues (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Bill: Will legislate for an opt-out system of consent for deceased organ donation, post-mortem practices and procedures, anatomical examination, education and training and public display of bodies.
Status: Heads approved 1 May 2019. Pre-legislative scrutiny has taken place - Mental Health (Amendment) Bill: Will amend the Mental Health Act 2001 to give effect to recommendations made by an Expert Group Review on mental health legislation.
Status: Final heads in preparation - National Research Ethics Committees Bill: Will reform and modernise the current Research Ethics Committee (REC) framework in Ireland by providing for the establishment of national RECs.
Status: Heads approved 25 July 2019. Pre-legislative scrutiny waived - Patient Safety Licensing Bill: Will provide for a mandatory system of licensing for public and private healthcare facilities.
Status: Heads approved 12 December 2017. Pre-legislative scrutiny has taken place - Protections of Liberty Safeguards Bill: Will provide legislative clarity on the issue of deprivation of liberty safeguards.
Status: Heads in preparation - Public Health (Calorie Posting and Workplace Wellbeing) Bill: Will require food premises to display calories on menus and all public sector employers to have and report on a health and wellbeing policy.
Status: Preparatory work is underway - Safe Access Bill: Will ensure safe access to premises at which termination of pregnancy services are provided.
Status: Preparatory work is underway - Support for Irish Survivors of Thalidomide Bill: Will provide a package of health and personal social services and other supports to survivors of thalidomide.
Status: Preparatory work is underway
Health bills currently on the Dáil and Seanad order papers
- Patient Safety (Notifiable Patient Safety Incidents) Bill 2019
- Health Insurance (Amendment) Bill 2020
- Mental Health Parity of Esteem Bill 2020
- Safety, Health and Welfare at Work (Amendment) Bill 2020
- Health (Amendment) (Professional Home Care) Bill 2020
- Central Mental Hospital (Relocation) Bill
Health bills which were published since the Government came to office
- Health (General Practitioner Service and Alteration of Criteria for Eligibility) Bill 2020
- Health Insurance (Amendment) Bill 2020
- Health (Amendment) Act 2020
- Regulated Professions (Health and Social Care) (Amendment) Bill 2019
Health bills which were enacted since the Government came to office
- Health (General Practitioner Service and Alteration of Criteria for Eligibility) Act 2020
- Regulated Professions (Health and Social Care) (Amendment) Bill 2019
- Health (Amendment) Act 2020
Meanwhile, additional health legislation sponsored by a Private Member include:
- the Mental Health Parity of Esteem Bill 2020 which is sponsored by Sinn Féin’s Mark Ward TD. If enacted, the Bill will place mental health on parity with physical health, improve provision of mental health services and increase the quality of mental health care. The Bill is currently before Dáil Éireann, Second Stage;
- the Safety, Health and Welfare at Work (Amendment) Bill 2020 which is sponsored by Sinn Féin’s Louise O’Reilly TD. If enacted, the Bill will amend the Safety, Health and Welfare at Work Act 2005 by inserting a section requiring employers to treat Covid-19 as an occupational illness and report any occurrences in the workplace to the Health and Safety Authority. The Bill is currently before Dáil Éireann, Second Stage; and
- the Health (Amendment) (Professional Home Care) Bill 2020 which is sponsored by Fine Gael’s Colm Burke TD and Emer Higgins TD. If enacted, the Bill will amend the Health Act 2007 and provide for the regulation of professional home care. The Bill is currently before Dáil Éireann, Second Stage.
*As at 11 December 2020
