Committee Reports > List of Committees > Seanad > 1959 > Select Committee on Statutory Instruments > Report No. 02 - Statutory Instruments [7]

APPENDIX I.

Infectious Diseases (Amendment) Regulations, 1958 (S.I. No. 148 of 1958).

(i)

An Rúnaí,

An Roinn Sláinte.

I am directed by the Select Committee on Statutory Instruments to state that it has had under consideration the Infectious Diseases (Amendment) Regulations, 1958 [S.I. No. 148 of 1958] which are purported to have been made by the Minister for Health under subsection (4) of section 31 of the Health Act, 1947. The Committee observes that article 4 of the regulations provides that “a health authority may require a person making an application for vaccination against acute anterior poliomyelitis to give to the health authority such information as may be required by the health authority”. It does not appear to the Committee that the Minister is given authority to confer this power on health authorities by subsection (4) of section 31 of the Health Act, 1947 which reads as follows:—

“Regulations under this section may provide for and authorise the making of charges for the purposes of the regulations or for services performed thereunder and may provide for the recovery of such charges.”

Accordingly the Committee would like to be furnished with a memorandum explaining this provision.

As the Committee wishes to consider this matter further at its next meeting I am to request the favour of a reply by the 15th September, 1958.

Cléireach an Rogha-Choiste.

31 Iúil, 1958.

(ii)

11 Lúnasa, 1958.

Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann.

I am directed by the Minister for Health to refer to your minute of 31 Iúil, 1958 and to submit for the information of your Committee the following memorandum on the Infectious Diseases (Amendment) Regulations, 1958.

Memorandum.

1. The purpose of the Infectious Diseases (Amendment) Regulations, 1958 (S.I. No. 148 of 1958) was to permit of charges being made on some persons for vaccination against acute anterior poliomyelitis. Those entitled to services under section 14 (2) of the Health Act, 1953 (commonly known as the lower income group) could not, under the Regulations, be charged for this service.

2. For a health authority to determine whether or not a recipient of the service should get it free or at a charge, it is necessary for them to know whether or not he is in the lower income group. This means that they must be in a position to get information on his means, the number of his dependants and his circumstances generally. Hence the inclusion of Article 4 in the Regulations.

3. The Minister was advised that the expression “Regulations under this section may provide for … the making of charges …” in subsection (4) of section 31 of the Health Act, 1947 could be interpreted as authorising the inclusion of provisions, such as that in Article 4, which are ancillary to the imposition and collection of charges.

(iii)

An Rúnaí,

An Roinn Sláinte.

I am directed by the Select Committee on Statutory Instruments to state that at its meeting on 11th instant it considered the memorandum forwarded with your minute of 11 Lúnasa, 1958 (FI/225) in explanation of the provisions contained in article 4 of the Infectious Diseases (Amendment) Regulations, 1958.

It appears to the Committee from the memorandum that the only purpose of the article is to enable health authorities to obtain information about the general financial circumstances of persons applying for the poliomyelitis vaccination service. If this is correct the Committee does not understand why the article was not drafted so as to confine the power of health authorities to obtaining information about applicants’ means.

The Committee is not clear as to whether the intention is to enable health authorities to decide whether or not an applicant comes within the lower income group, in which case he or she, presumably, is the holder of or entitled to obtain a medical card or whether it is considered necessary for the administration of the service for health authorities to be able to obtain precise information about the financial position of individual applicants whether they come within the lower income group or not.

The Committee would appreciate it if you would furnish it with a further memorandum on the foregoing points.

Cléireach an Rogha-Choiste.

13 Nollaig, 1958.

(iv)

23 Eanáir, 1959.

Clerk,

Select Committee on Statutory Instruments,

Seanad Éireann.

I am directed by the Minister for Health to refer to your minute of 13 Nollaig, 1958, and to submit for the information of your Committee the following memorandum on the points made in that minute on the Infectious Diseases (Amendment) Regulations, 1958.

Memorandum.

1. While it was the intention in including Article 4 in the Infectious Diseases (Amendment) Regulations, 1958, that the main inquiries which would need to be made under the Article with a view to determining whether or not a charge would fall to be made under Article 2 of the Regulations would relate to the applicant’s means it is necessary for the purpose of determining whether or not a person is in the category specified in section 14 (2) of the Health Act, 1953 (i.e. persons unable by their own industry or other lawful means to provide medical services for themselves or their dependants) to have other information as well as particulars of the actual means of the applicant. The most obvious example of such supplementary information is the number of dependants of the applicant. Particulars of any special commitments which the applicant might have would also be needed. Because of these considerations, it was considered that Article 4 should be drafted so that it would not relate solely to financial questions.

2. With regard to the third paragraph of your minute, I am to explain that as the charges made under the Regulations on persons outside the lower income group are at flat rates and do not vary with the means of the beneficiaries, the only information needed for the purpose of the imposition of the charges is whether the applicant is in the lower income group or outside it. While the eligibility of most persons in that group would be shown by possession of a General Medical Services Card and in such cases further enquiries in relation to entitlement to poliomyelitis vaccination free of cost would not be necessary, not all persons in the lower income group would have applied for such cards and in some cases a special assessment of means for the purposes of the Regulations under review would, therefore, be called for.