In this briefing, we highlight the legislation relevant to the healthcare sector which will be prioritised for publication and drafting. We also highlight legislation relevant to the sector for which preparation work is ongoing.
Priority legislation for publication
The following bills of relevance to the Healthcare sector are expected to be a priority for publication in the forthcoming 13-week session of Dáil Éireann.
1. Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2025
The purpose of this bill is to regulate the packaging and appearance of nicotine inhaling products and refill containers of such products and to provide for restrictions in relation to the signage, display and advertising of nicotine inhaling products. Work on this bill is ongoing.
2. Public Health (Single-Use Vapes) Bill 2025
The purpose of this bill is to prohibit the sale of single-use vapes. Work on this bill is ongoing.
3. Health (Assisted Human Reproduction) (Amendment) Bill
The purpose of this bill is to address issues related to parentage and citizenship arising from the issue of fertility clinics abroad by Irish residents and Irish citizens living abroad and effect other amendments to the Health (Assisted Human Reproduction) Act 2024. The heads of the bill were approved in October 2024.
4. Health Insurance (Amendment) Bill 2025
The purpose of this bill is to amend the Health Insurance Act 1994 to specify the amount of premium to be paid from the Risk Equalisation Fund in respect of certain classes of insured persons to make a consequential amendment to the Stamp Duties Consolidation Act 1999 and to provide for related matters. Heads of bill are currently being prepared.
5. Health (Amendment) (Licensing of Professional Home Support Providers) Bill
This bill intends to provide a regulatory framework comprising of primary legislation for the licensing of home support providers, secondary legislation in the form of regulations, and HIQA national standards with the aim of ensuring that all service users are provided with high quality care. Pre-legislative scrutiny for this bill was completed in May 2024. Work is now ongoing.
Priority legislation for drafting
The following bill of relevance to the Healthcare sector is expected to be a drafting priority.
Regulated Professions (Health and Social Care)(Amendment) Bill 2024
The purpose of the bill is to amend the Health and Social Care Professionals Act 2005, the Medical Practitioners Act 2007, the Dentists Act 1985, and the Nurses and Midwives Act 2011. The aim of the amendments is to enable agreed Departmental policy on advanced practice for Health and Social Care Professions, and on Fitness to Practice, as well as creating other internal operating efficiencies to support the regulators in fulfilling their public protection objectives. Heads of bill were approved in September 2024 and work on the bill is ongoing.
Bills undergoing preparatory work
Preparatory work is ongoing in respect of the bills, relevant to the healthcare sector, listed below.
1. Patient Safety (Licensing) Bill
The purpose of the bill is to introduce a licensing requirement for all hospitals, public and private, and certain designated high-risk activities in the community.
2. Protection of Liberty Safeguards Bill
The purpose of the bill is to provide procedural safeguards to ensure that people who cannot consent to their care arrangements in relevant facilities are not deprived of their liberty.
3. Northern Ireland (Planned Healthcare Scheme) Bill
The purpose of this bill is to introduce a statutory scheme enabling people resident in the State to access and be reimbursed for private healthcare in Northern Ireland by the HSE, provided that such healthcare is publicly available within Ireland.
4. Dentists (Amendment) Bill
The purpose of the bill is to introduce a statutory basis for mandatory CPD for dentists, to make explicit the powers available to the Dental Council to evaluate all registerable programmes of training and other technical amendments.
5. National Research Ethics Committees (NREC) Bill
The purpose of this bill is to provide a legislative framework for National Research Ethics Committees operating in key areas of health research.
6. Health (Adult Safeguarding) Bill
The purpose of this bill is to underpin a planned national policy on adult safeguarding in the health and social care sector.
7. Health (Pharmacy and Prescribing) Bill
The purpose of the bill is to revise elements of the Pharmacy Act 2007 to update some provisions and enable the Pharmaceutical Society of Ireland to streamline some functions (e.g. fitness to practice processes). Subject to further legal advice, to update provisions of the Pharmacy Act, the Misuse of Drugs Act and the Irish Medicines Board Act to better support the Department of Health eHealth strategy.
Bills currently on the Dáil Order Paper
The bills set out below are already making their way through the Oireachtas legislative process and are at various stages on the path to becoming law.
Health (Amendment) Bill 2022
The purpose of this bill is to amend the Health Act 2004. It aims to provide for changes to corporate and service planning processes amongst other provisions. It includes new requirements on the HSE Board and CEO with regards to appropriate systems, procedures, and practices to exercise the highest standards of prudent and effective financial and budgetary management and that proposals for corrective action are put in place where expenditure levels have been exceeded. The Bill is currently before Dáil Éireann at Committee Stage.
Health Information Bill 2024
The purpose of this bill is to provide a robust legislative framework for the processing of health information to support a modern integrated health service. The bill is currently at Committee Stage.
Bills currently on the Seanad Order Paper
Mental Health Bill 2024
The purpose of this bill is to update and replace the Mental Health Act 2001 to give effect to recommendations of an Expert Group Review on mental health legislation. An order has been made for Second Stage.
Please get in touch with any member of our market-leading Healthcare Group if you wish to discuss this legislation programme or any other healthcare related matter.