Oireachtas Joint and Select Committees

Wednesday, 23 February 2022

Select Committee on Health

Health (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

Like the Deputy, I asked the same question: what does that mean? Basically, my understanding is that legal advice was sought on that. On the day when the transfer would occur, it is who is actually responsible. My understanding is that is why it is included there. It is where the responsibility is, as part of the transfer on the day. The Minister of State will hopefully be doing that work on that day, but that is what it is about. It is the legal piece. They got legal advice on it because of the transfer on a particular day, any day. If it is on the 3rd, the 4th or whatever day it is, if the transfer is taking place that legal piece is in place. It is to provide for a situation where the Minister for Health might be doing something on the same day the transfer is going through.

He did that in the belief that he is still responsible and it is to protect. The Minister for Health has done nothing wrong in actioning what he has done while the Minister for Children, Equality, Disability, Integration and Youthcould do it at 4 p.m. that evening. It is a technical legal piece. As we have a great working relationship, the Deputy need not worry. I asked the same question and the provision is just to protect both Departments.

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