This response was sent by this College on behalf of the Federation of the Royal Colleges of Physicians of the United Kingdom
1. The Department of Health, Social Services and Public Safety is conducting a consultation on proposed amendments to the Health (Miscellaneous Provisions) Act (NI) 2008 (referred to in this consultation as “the 2008 Act”). These amendments will be contained in Part 2 of a Bill which, when enacted, will be called the Health (Miscellaneous Provisions) Act (Northern Ireland). Separately, Part 1 of this Bill will contain provisions to prohibit the sale of nicotine products to those under eighteen.
Prohibition of sale of nicotine products to persons under 18
2. Part 1 of the draft Bill contains provisions which will enable the Department to make regulations prohibiting the sale of nicotine-containing products, including e-cigarettes, to persons under the age of 18. A provision to allow the Department to create an offence in relation to the proxy purchasing of nicotine-containing products is also included. The legislation will not apply to licensed nicotine replacement therapy (NRT) products currently on the market.
3. Schedule 1 to the draft Bill amends the Tobacco Retailers (Northern Ireland) Act 2014, to allow for offences in relation to the underage sale of nicotine-containing products to be included as an offence which could lead to an application for a restricted sale order or restricted premises order.
The Health (Miscellaneous Provisions) Act (NI) 2008
4. The amendments to the 2008 Act are mainly technical in nature and are required to amend anomalies identified in that legislation. These changes can only be made through primary legislation and a copy of the draft amending Bill is attached at Annex A for your consideration. Annex C contains a draft Explanatory and Financial Memorandum (EFM) explaining the main provisions. The Department is also using the Bill to amend outdated legislative references and to make other minor technical corrections. The Minister of the Department of Health, Social Services and Public Safety, Edwin Poots MLA has agreed to this consultation. The Northern Ireland Executive and the Health Committee have both been notified.
Background to the 2008 Act and the need for amendment
5. Part 6 of the Health and Personal Social Services (NI) Order 1972 (“the 1972 Order”) contains the legislative powers for the administration of general dental services, general ophthalmic services and pharmaceutical services in Northern Ireland. The 2008 Act (amongst other matters) made various amendments to these powers. These included the creation of contractual legislation for dental services in Northern Ireland and the extension of the general ophthalmic and pharmaceutical services listing system to include all practitioners. Subsequently, the Department has identified certain anomalies in terminology used in these particular sections of the 2008 Act. As currently framed, the 2008 Act does not provide the Department with the powers to fully introduce new dental contracts nor to extend general ophthalmic services and pharmaceutical services listing to include all providers and practitioners. This consultation sets out how the Department proposes to amend the legislation. Further detail on these and other minor amendments is set out in detail in the draft Explanatory and Financial Memorandum at Annex C.
Next steps
6. The Department is satisfied it need only consult on a draft of the Bill accompanied by suitable explanatory material. The policy intention to introduce contractual legislation for dental services remains unchanged as is the policy on listing providers of general ophthalmic and pharmaceutical services. Any extension of listing to include all practitioners including employed opticians and pharmacists requires further policy development and consultation outside of this Bill. Other amendments in Part 2 of the Bill are either presentational or have been included to avoid any ambiguity.
Following consideration of consultation responses, the Department will finalise the Bill and seek Ministerial and Executive agreement to introduce the Bill into the Assembly by February 2015.
Questions:
1. Do you agree that the sale of nicotine-containing products, such as e-cigarettes, should be restricted to persons over the age of 18?
2. Do you agree with the proposed amendments to the Tobacco Retailers (NI) Act 2014, as detailed in Schedule 1 of the draft Bill?
3. Do you agree with the amendments to the dental provisions in the Health (Miscellaneous Provisions) Bill (NI) 2008?
4. Do you agree with the amendments to the general ophthalmic services provisions in the Health (Miscellaneous Provisions) Bill (NI) 2008?
5. Do you agree with the amendments to the pharmaceutical services provisions in the Health (Miscellaneous Provisions) Bill (NI) 2008?
6. Do you agree with the amendments to the charges for services provided to persons not ordinarily resident in Northern Ireland in the Health (Miscellaneous Provisions) Bill (NI) 2008?
7. Any additional comments?
