Frances Fitzgerald (Dublin Mid West, Fine Gael)

I move amendment No. 1:

In page 5, line 8, after "2001" to insert "; THE HEALTH ACT 2004".

I understand amendments Nos. 1, 3, 5 and 16 are being taken together. Amendments Nos. 1, 3 and 5 are technical amendments to the Long Title and to section 1 and are consequential on amendment No. 16, which introduces a new section, namely section 33.

Amendment No. 16 is to amend Part 7A of the Health Act 2004 and is being proposed in order that I will have the necessary powers under that Act to allow the HSE to furnish, in the public interest, information and documentation to me. The purpose of the amendment is to strengthen the legislative base for the provision of information by the HSE to the Minister for Children and Youth Affairs so as to allow me fulfil my role and functions, including political accountability to the Oireachtas, and to create a safe channel of communication for sensitive information from the HSE to me.

The amendment achieves that by placing a duty on the HSE to provide information on its initiative and without delay to the Minister for Children and Youth Affairs; by giving the Minister for Children and Youth Affairs power to require, in the public interest, detailed information and documentation from the HSE free of legal prohibition, and to use such information and documents as necessary for the performance of my functions; and by allowing the Minister for Children and Youth Affairs to furnish such information or documents that are considered relevant to a person appointed by the Minister for Children and Youth Affairs to examine or inquire into any matter.

The amendment will ensure the HSE keeps me fully informed on all matters of which I need to be aware in a timely and appropriate manner. With the amendment, the HSE must inform the Minister for Children and Youth Affairs without delay of any occurrence or development that, in the opinion of the executive, the Minister is likely to consider significant for the performance of her functions. The executive is required to monitor and keep under review occurrences and developments concerning matters relating to its objective and functions which include child care functions. In addition, it must similarly inform the Minister for Children and Youth Affairs of any occurrences or developments that fall within a class of occurrence or development of public interest or concern that has been specified in writing by the Minister. The power to specify will ensure that the Minister can be kept informed of important issues relevant to the public interest or concern. Following the enactment and commencement of this Part, I will have the necessary powers to fulfil my role and functions should I require information and documents from the HSE.

Amendment No. 1 is the Long Title of the Bill and is required in the context of amendment No. 16 so the Long Title reflects the content of the Bill in respect of the amendment being made to the Health Act 2004. Amendments Nos. 3 and 5 are to section 1 which deals with collective citations. The amendments reflect those changes which are to be made to the Bill and which affect collective citations in respect of the Child Care Acts and the Health Acts.

Amendment No. 3 is to the collective citation for the Child Care Acts contained in section 1(2) of the Bill. The amendment is required to exclude from that citation amendment No. 16, namely, in regard to amending Part 7A of the Health Act 2004, which as previously stated will add a new section, namely, section 33.

Amendment No. 5 is the collective citation for the Health Acts and is required in order to reflect the renumbering of sections, which is required on foot of the aforementioned amendment No. 16. It is a technical amendment.

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