Tim O'Malley (Limerick East, Progressive Democrats)

There was much comment in committee about this subsection being a gagging measure. The Minister stated that she saw the principle behind this provision as fundamental to the way our parliamentary system works. I can only set out again in some detail the valid justification for the provisions the proposed amendments seek to delete.

Section 24 provides for the chief executive of HIQA to attend before certain Oireachtas committees to give an account of the general administration of the authority. Section 41 similarly requires the chief inspector of social services to attend and to give a general account of the activities of his or her office.

It is important that there should be accountability to Oireachtas committees but that accountability must be properly focused in terms of the persons appearing. Both the chief executive officer and the chief inspector are employees of HIQA. While they are senior public servants they are not responsible for formulating Government policy and to require them to comment either on the merits of any Government policy or the merits of the objectives of such policies would be inconsistent with their role. Accordingly, the section recognises that the chief executive officer and the chief inspector should be answerable for administrative matters only. It is the responsibility of the Minister to answer to the Oireachtas in respect of policy matters. Acceptance of the amendment would dilute the role of the Minister in this regard and for those reasons I do not accept this amendment.

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