Results 721-740 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: We are in a different position because we will be dealing with one authority when the legislation is enacted. The amendment was introduced on Report Stage in the Dáil in response to the amendments that have been reproduced today. I cannot see how Senator Browne's amendments will add anything to the Bill. There is a technical point that parliamentary questions are not a subject for...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: That is a matter for the Chair in the other House. It is not for me to judge. I understand that the legislation will not change the practice that exists in the other House. If a question is asked about a matter pertaining to a health board, for example, the information sought is not given by the Minister and the Deputy is referred to the health board instead. This legislation will not make a...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: The new position is much stronger than the existing position.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: That avenue is opened, for the reasons I outlined, in section 8 of the Bill, which enables the Minister to provide by regulation for the furnishing of information by the authority directly to Deputies and Senators. The Minister will get additional powers in that respect. The issue of whether the Minister will have to answer the questions he or she is asked will be a matter for the Chair, as...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: The service plan must be submitted to the Minister who must agree with the general policies and can give any direction on them.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Senator Browne did not expect me to reply so I will not address those issues here.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: In response to Senator Daly, section 10 enables the Minister to issue a general written direction on any matter of policy and that may relate to the provision of services in a general way in a particular region or locality. I draw the Senator's attention also to section 32 which provides that after approving a service plan the Minister may direct the executive to submit an amended service...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: There are a number of amendments and I will deal with each of them. Senator O'Meara invited me to speculate on membership of the board. It is a matter for the Minister under the legislation, but there will be an element of continuity with the interim board. However, the final decision rests with the Minister. Amendment No. 9 seeks to allow elections to take place for the appointment of...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: I dealt with that point earlier. It does not deal with their qualifications, although I am happy to read into the record the qualifications of the members of the interim board, if the Senator is interested.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: It does.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: It is Government policy to secure the maximum number of appointments of persons of different gender. The chief executive is responsible under section 18 to the board. That is not compromised in any way by making the chief executive a member of the board because he or she will have to be present to report to the board and put it in the picture in regard to any particular matter.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: In general, no, not under this legislation, which is not to say that there may not be legal advice given to the board in certain extreme circumstances where it might be required to do so.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: He or she can appoint a deputy.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: I regret I cannot accept the amendment, though I accept the motivation behind it. I do not consider it necessary that a member of the board should be required to inform the Minister of the reasons for his or her non-attendance at a board meeting. The members appointed to the board will be persons who have a responsible attitude to their role. There may be occasions where an unexpected event...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: The board must meet at least 11 times a year. The board also has power to lay down rules and regulations regarding presence and absence. It is normal on any body to have such rules. In all corporate practice there is a fundamental distinction between a person missing a meeting and being absent and a person being excused for non-attendance. I do not believe the amendment reflects that fact....

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: There is no facility for proxy voting.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Yes.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: As Senator Browne indicated, it is the practice to call the Accounting Officer before the relevant committee, not the Minister. In the administration of any Department an Accounting Officer can disagree with a Minister and can refuse to sanction a payment which the Minister requests. That is the nature of the safeguard inserted in our public accounting system so that a Minister of the day can...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Senators are so used to the civilised nature of the discourse in this Chamber and the fact that controversies over Government policy do not populate their benches-——

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: ——they sometimes forget there is another House. The subsection is located in a general section dealing with the attendance of the chief executive officer before Oireachtas committees. It is in that context that the subsection is enacted. Senators will notice that subsection (9) begins with the words: "In carrying out duties under this section." It is not an attempt to prohibit or censor...