Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 25:

In page 53, between lines 19 and 20, to insert the following:“(2) Notwithstanding subsection (1), where a contract, agreement or arrangement relates to a service required in connection with the performance of a function transferred under section 82 and also relates to a service required in connection with the performance of a function which, after the establishment day, remains a function of the Health Service Executive, the Health Service Executive and the Agency may agree in writing that such contract, agreement or arrangement shall continue in force as if the name of the Agency were included therein with that of the Health Service Executive or, as may be appropriate, its trustee or agent, and the contract, agreement or arrangement concerned shall be enforceable by or against the Agency in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function transferred under section 82 and by or against the Health Service Executive in so far as the service the subject matter of the contract, agreement or arrangement is required in connection with the performance of a function of the Health Service Executive.”.

This is an amendment to section 86 which inserts a new subsection (2). This is inserting a transitional provision in respect of contracts that relate to a service required in connection with the performance of a function transferred to the agency under section 82 that the agency may need to avail of. It is consistent with requirements for business continuity and also reflects the Government's commitment to avoid the replication of back office functions as the HSE and child and family agency will avail of certain shared services. This will allow those shared services to be put in place.

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