Seán Power (Kildare South, Fianna Fail)

Under section 26, HIQA is required to recruit its employees in accordance with the Public Service Management (Recruitment and Appointments) Act 2004. However, I intend to establish the authority shortly to give it the opportunity to properly organise itself and the Office of the Chief Inspector of Social Services. It will need to recruit personnel immediately. The interim authority has already begun the process of recruiting its senior management, including the Chief Inspector of Social Services. Amendment No. 2 was passed by the Seanad to allow a transitional arrangement, lasting three months or a lesser time specified by the Minister, during which the provisions of the Public Service Management (Recruitment and Appointments) Act 2004 will not apply. This will allow the authority to complete the recruitment process undertaken by the interim authority and enable the organisation to set itself up.

There is still the safeguard that any employees appointed to the authority are appointed in accordance with terms and conditions determined by the authority, subject to the approval of the Minister, given with the consent of the Minister for Finance. The deferral of the requirement to recruit through the Public Appointments Service or obtain a recruitment licence from the Public Appointments Service will only last for a maximum of three months. This is similar to the provision included in the Health Act 2004 which was used to set up the Health Service Executive.

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