Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I move amendment No. 8:

In page 9, line 15, to delete “Subject to subsection (4),”.

This is in the context of the thrust of Deputy Ó Caoláin's comments and amendments. The issue of concern here is that we are hamstringing the appointment process in view of the fact that those who can be appointed to this new directorship, the director general and the directors, can come from the existing positions. The Minister has announced that he intends to table an amendment but that is only in the context of additional directors being appointed, like the chief financial officer or one or two others whom the Minister may wish to appoint.

The Minister held the same view as me. He once described the HSE as a dysfunctional and self-serving organisation. I do not want to make overtly political points but that is the fact of the matter. By virtue of this legislation the Minister is ensuring that the Public Service Management (Recruitment and Appointments) Act 2004 is bypassed and there will not be an open recruitment process whereby people would make an application, present their credentials and the best person would be selected. This is not casting any aspersions on any individual who is entitled under this proposal to put his or her name forward. With an issue of such importance and with such a large budget and such significant responsibilities being placed on people, surely there should be an open recruitment process.

The Minister intends to abolish the HSE in the near future but in the meantime it has an onerous task, with which the Minister has charged it, to present a proper health Estimate every year to carry out the functions and the running of the HSE. It is completely unacceptable. I am amazed that more people are not concerned about this. In the context of this and some of the provisions in section 7 with regard to the removal of directors, this is allowing the Minister extensive and sweeping powers. It is making people who have very serious decisions to make beholden to the Minister. To quote one section: "The Minister may issue a direction to the Directorate in relation to the delegation of the Executive's functions to the Director General." The Minister, by issuing a direction to the directorate, can bypass it, and the director can make the decision because of delegation of powers.
The Bill also states: "The Minister may at any time remove an appointed director from office as a member of the Directorate if ... the removal of the person as an appointed director appears to the Minister to be necessary for the Directorate to perform its functions in an effective manner." This goes to the heart of issues. No Minister should have this authority, unless there are serious breaches of ethics and standards, to remove somebody of senior significance. It is akin to giving the Minister authority to remove the Secretary General of a Department. It is akin to giving the Minister authority to sack senior officials in the Department of Health. I have major concerns about this. This is not casting aspersions on the Minister.