Dáil debates

Wednesday, 12 June 2013

Health Service Executive (Governance) Bill 2012: Report Stage (Resumed) and Final Stage

 

4:45 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

In my earlier comments I had the same gentleman in my mind, among others. I recognise that. The Minister will recall I talked about appointments from outside the jurisdiction in regard to other areas. Where does this fit in regard to subsection (3)? I sought its deletion. What is the net effect of the amendment? It is open to interpretation and I am asking for certainty. I understand somebody is being appointed to a post. Is this what the commentary from the Minister of State earlier referred to? Somebody can be appointed to a post even though he or she is not a national director or holding a grade of comparable seniority, and by appointment he or she is thereby viewed retrospectively to have had that qualification.

This issue is complex and its outworking is difficult to envisage. Things seem to be pulling in two different directions, one of which is locking us in. Deputy Kelleher and I have argued against that with reference to subsection (3). I may be missing the point, but this amendment suggests that some flexibility and imaginative application of the status of appointees may be considered. Maybe the Minister could help me with that.

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