Barry Andrews (Dún Laoghaire, Fianna Fail)

First, I want to clarify that arising from the Croke Park deal, the industrial action by IMPACT in the HSE has been lifted. Unfortunately, the CPSU, which represents the clerical officers, is still engaged in industrial action and this can cause problems in getting parliamentary questions and representations sent on to the HSE. However, I would take the point that Deputy Ó Caoláin makes about the Minister, Deputy Ó Cuív. Clarity is probably due to Deputies and Senators in regard to questions that are submitted.

In any case, where a specific case of a child in care or a vulnerable child is submitted by way of question, the HSE has co-operated in providing information even during the course of the dispute. It is important that I make this point.

The Attorney General has made it clear in his analysis of the legislation that he is satisfied the text addresses the issue of political accountability. As Deputy Jan O'Sullivan mentioned, being accountable to the Dáil is one of the functions of the Minister. One would have believed it to be the central function. What is captured in Deputy Shatter's amendment is already anticipated in the text and, therefore, the amendment is unnecessary.

We have been through the general arguments about the HSE and have drifted a little. The explanatory memorandum was written for a specific purpose. Deputy Shatter's point that if something is in the explanatory memorandum, it should be in the legislation is an argument to transpose the entire memorandum into law. I am not sure that makes sense. The memorandum is meant to elucidate the Bill for people who might not have the capacity to read difficult statutes. The argument does not hold up. The Attorney General's office is quite clear that the text and the word "functions" include the issue of political accountability.

Deputy Shatter gets annoyed because he seems to believe that amendments are tabled but not duly considered. They are given every consideration, but one cannot accept unnecessary amendments and, from the Attorney General's advice, this amendment is unnecessary.

See this speech in context