James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move amendment No. 15:

In page 19, lines 26 and 27, to delete "in accordance with subsections (1) to (5)" and substitute the following:"before the expiry of the period referred to in subsection (2)".

Under section 31 of the Health Act 2004 the HSE must submit a service plan within 21 days of the Government publishing the Estimates for the financial year, or in such other period as the Minister may allow. The Bill allows a Minister to direct the director general to prepare and submit a service plan if the HSE has failed to submit a service plan in accordance with various provisions of the section. This is based on a similar provision in the Health Act 2004 with regard to the CEO. The intention of the 2004 Act was that the CEO would be directed to prepare and submit a service plan only if the HSE had not submitted one in the specified time period and not for other reasons. This will be clarified by amendment No. 15. Amendment No. 18 provides that the director general must comply with such a direction.

With regard to amendment No. 16, section 31(8) of Health Act 2004 provides that within 21 days of receiving the service plan, the Minister must either approve it or issue a direction to amend it. The Health Service Executive (Governance) Bill amends section 31. Under the Bill the Minister must, having consulted with the Minister for Children and Youth Affairs, approve the service plan in the form in which is was submitted, or approve the service plan with such amendments as the Minister, having consulted with the HSE, may determine, or issue a direction to the HSE to amend the plan. The Health Service Executive (Governance) Bill does not specify a time period within which the Minister must take one of these three steps. To address this situation, amendment No. 16 provides that the Minister must act within 21 days of receiving the service plan from the HSE. This time period is in line with current provisions in the 2004 Act. For completeness, it is intended the requirement for the Minister to consult the Minister for Children and Youth Affairs will be repealed in the legislation establishing the proposed child and family support agency.