Oireachtas Joint and Select Committees

Wednesday, 23 February 2022

Select Committee on Health

Health (Miscellaneous Provisions) Bill 2022: Committee Stage

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

Unless particular specified functions are delegated to a Minister of State, then legal responsibility remains with the senior Minister. I do not want us to find ourselves in a situation whereby in the case of something that happened six months ago and which ultimately and legally was the responsibility of the Minister for Health and, potentially, senior officials and the Secretary General in the Department, because this function is now transferring to the Department of Children, Equality, Disability, Integration and Youth, we would have the Minister for Health saying it has nothing to do with him any more. I mean especially where there have been things that could be described as scandals in the past and where it took some time to get to the bottom of that and establish where responsibility lies. I am concerned that there would be an attempt to draw a line under that and the Brandon issue is a case in point.

We will not be able to ask questions of the Minister for Health anymore, even though the matter came within his remit at the time. We will be told that it has nothing to do with the Department and that it is a matter for the Department of Children, Equality, Disability, Integration and Youth. It strikes me that there is an aim to this section. The actual wording is quite complex and, as a result, I find it hard to fully understand what that aim is. Does the Minister of State have any more information on the delegation of functions when she moves to the other Department? Did she have delegated functions in the Department of Health? My fear is that there will be an absence of accountability at either the political or administrative level as a result of this section. Can the Minister of State allay my concerns in that regard?

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