Oireachtas Joint and Select Committees

Wednesday, 20 February 2019

Select Committee on Health

Health Service Executive (Governance) Bill 2018: Committee Stage

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will speak to amendments Nos. 1, 8 to 15, inclusive, Nos. 18 to 20, inclusive, Nos. 22 to 24, inclusive and 26 to 28, inclusive together. The substantive amendments are amendments Nos. 8 and 18 and are concerned with strengthening the roles and responsibilities of the board and CEO. The other amendments are consequential amendments.

Amendment No. 8 gives new functions to the board. First, the board must be satisfied that appropriate systems, procedures and practices are in place to further the HSE's object. This is critical as, under the Health Act 2004, the HSE's object is to use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the public.

Second, the board must ensure that appropriate systems, procedures and practices are in place for internal performance management and accountability. These systems must cover how the HSE performs its functions under the Health Act 2004, how the HSE achieves its objectives in accordance with its corporate plan and how the HSE delivers health and personal social services in accordance with the Health Act 2004. These will also cover how the executive enables compliance with Government or ministerial policies, whether set out in codes, guidelines or other documents.

Amendment No. 18 provides for the CEO's role. The CEO must ensure that these appropriate systems, procedures and practices are in place. The board's requirement to satisfy itself that appropriate systems are in place is therefore mirrored by the requirement on the CEO to ensure that the systems are put in place. The intention under these amendments is in this way to situate roles and responsibilities appropriately. In addition to the provisions I have outlined, amendment No. 8 will also place a responsibility on the board to ensure the establishment and implementation of appropriate arrangements to manage the CEO’s performance.

Amendments Nos. 9 to 15, inclusive, and Nos. 26 to 28 are technical amendments to the Bill arising out of amendments proposed to the functions of the board. They amend section references.

Amendments Nos. 1 and 22 to 24, inclusive, are also consequential to the substantive amendments. Where referring to Government or ministerial policies, the language in the amendments refers to policies whether set out in codes, guidelines or other documents. Amendments Nos. 1 and 22 to 24, inclusive, are consequential amendments from the wording in amendments Nos. 8 and 18. The aim of these amendments is to ensure consistency of language throughout the Health Act 2004 where reference is made to ministerial or Government policies.