Brian Lenihan Jnr (Dublin West, Fianna Fail)

As already stated, the main reason we are proposing this legislation, and indeed the whole reform programme, is to ensure better outcomes for patients. We can only do this if quality is embedded at every level in the delivery of the services received by patients. The Health Information and Quality Authority will play a vitally important role in setting standards for the delivery of quality services. It will also have a pivotal role in implementing the national health information strategy that complements the national health strategy. The Tánaiste will bring forward further legislation early in 2005 to provide for its establishment and to address other issues arising from the national health information strategy. Mr. Pat McGrath has been appointed chairperson and arrangements are under way to establish an interim authority. The next step will involve the appointment of the other board members.

A number of Deputies raised concerns about the complaints framework proposed in the Bill. This framework conforms to the commitments in the health strategy. One of its most important features is that the Ombudsman and the Ombudsman for Children can still deal with situations where people are dissatisfied with the outcomes of their complaints or reviews. For that reason, the legislation must be compatible with the legislation underpinning the Ombudsman's office and the Ombudsman for Children's office. It is not possible, therefore, to provide for the investigation of clinical issues. These issues are, in any event, properly within the province of the Medical Council.

Deputy McManus contended that there is no specific definition of health and personal services in the Bill, but that the definition referred to a list of Acts in the legislation. All the Acts listed in Schedule 1 confer functions on the health boards. The significant number of Acts listed indicates that the functions and responsibilities of health boards are much more than just the provision of health services. Many of the functions under these Acts relate to important public health protection functions, such as those arising from the Rats and Mice (Destruction) Act 1919 which was mentioned by Deputy McManus. The functions and responsibilities under these Acts will now transfer to the executive on its establishment. It will be required to carry out those functions, including the public health functions, as part of its objective to "protect the health and welfare of the public".

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