Results 741-760 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: Yes, they are preserved under the relevant section.

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: I thank Senators O'Meara and Browne for tabling a number of amendments which will enable Seanad Éireann to perform a role in the critical evaluation of this legislation. I appreciate that they did not resort to the common device of resubmitting their entire selection of Committee Stage amendments. We will, therefore, at least be able to examine, perhaps in a somewhat cursory way, the...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: When we come to deal with the relevant part of the Bill we may have time to consider the matter in further detail. All professional persons are aware that they can be subject to complaints at any time. However, it is for the protection of doctors and individuals making complaints that what is dealt with as a matter of practice at present will be placed on a proper statutory footing. This...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: Senator O'Meara dwelled primarily on the mission statement. The mission statement is clear if we look at the Long Title of the Bill — it is to rationalise the management of the legislation. We may err in thinking this Bill is doing more than it can. Fundamentally, we are establishing a single authority known as the health service executive to manage health and personal social services. That...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: Under this section, accountability relates to accountability to the Committee of Public Accounts, established for the purpose of examining public accounts. Section 20 states: "The chief executive officer is the accounting officer in relation to the appropriation accounts of the Executive for the purposes of the Comptroller and Auditor General Acts 1866 to 1998." The decision of the Government...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: As I understand it, Opposition Senators are critical that too many reports were commissioned by the former Minister. It is not so much that he is being found culpable of the engagement of advisers but that he is being found culpable of commissioning reports. Senator Henry referred to the famous sum of €11 billion, which is to be the expenditure of the Department of Health and Children next...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: Senators are not suggesting that there was any impropriety in his engagement of advisers or that those engaged to do this work were other than persons with specific competences in different fields.

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: This legislation is the result of the Prospectus report which the Minister commissioned. The Department of Health and Children is in a province of its own given the very large amount of expenditure under its control. It is incumbent on the Minister of the day to engage outside research and analysis when he or she is administering programmes of that level of expenditure. The Minister is...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: A balance must be struck in this area. I agree that this is not an easy subject. The provision in the Bill is the same as the provision which applies to other State organisations when they are established. There is nothing unusual in the provision. It is standard and applies to the boards of semi-State organisations. Given that the object of the executive is to promote and protect the health...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: That is clear from the legislation. The fundamental objective of the elusive mission statement that Senator O'Meara sought is to promote and protect the health and welfare of the public. That is a fundamental requirement for the executive. There is a balance to be achieved here because the executive must have the capacity to protect confidential information. That is only confidential if the...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: I will deal with the two amendments in turn. The first seeks to apply the Freedom of Information Act 1997 to the board with effect from the establishment date. On the advice of the Attorney General, the amendment should not be accepted, since it applies to the board rather than to the executive and would create substantial legal difficulties. However, I am glad that the amendment has been...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: The Senator has anticipated me. The Minister's intention is to commence those provisions from the date of establishment. Regarding the other amendment, which is perhaps more interesting, I must disappoint Senators by confessing that I do not share their unbridled enthusiasm for the Freedom of Information Act 1997. In my view, the preparation and analysis of written material is very important...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: Under section 37 the annual report will set out how the corporate plan is being implemented and how the service will be implemented. The form of the report will be determined by the Minister. The level of detail proposed is not necessary in this section. The Minister is given power under the legislation to prescribe what information should be inserted in the annual report. Clearly, the...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: I am glad to say that section 31 deals with this issue. The service plan must be prepared in the formal manner as directed by the Minister. It must contain estimates of the number of employees of the executive for the period and the services to which the plan relates. Therefore, this information about employees will be provided in the service plan, which is the appropriate place for it. Those...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: I assure Senators that it is not the intention to do that.

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: I have just given Senators the reason for this transitional measure. The matter of numbers in the health service was canvassed more widely by Senator Browne, although I do not think he was referring to an utterance of mine. It may have been that of another Minister.

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: There is a record number of people working in the health services, which reflects the fact that a record level of activity is taking place. For example, the number of day procedures in hospitals is at an all-time high. As we draw the debate on this Bill to a conclusion, it is worth placing on the record of the House the fact that the country's health services do a fabulous job. There are some...

Seanad: Health Bill 2004: Report and Final Stages. (16 Dec 2004)

Brian Lenihan Jnr: The amendment seeks to have laid before the Houses of the Oireachtas the figure above which capital projects must specifically be sanctioned by the Minister. It is more practicable and appropriate that this information should be included in the annual report and the financial statements of the executive. I do not regard this as something that should be a confidential matter. I see no...

Seanad: Health Bill 2004: Motion for Earlier Signature. (16 Dec 2004)

Brian Lenihan Jnr: I thank Members for their kind comments and their recognition that this is important and fundamental legislation. I am encouraged by the tenor of the debate in this House. The criticisms tendered from the Opposition benches were offered in a constructive spirit. The earlier signature motion is necessary because certain preliminary matters must be put in place to ensure the Act will commence...

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Brian Lenihan Jnr: I am pleased to explain this Bill to the House. In this debate, we must address important issues with clarity, purpose and fairness. People in long-term care, and their families, should have clarity about how care will be provided and paid for. It is also important that any charges made by the State are on a fully legal basis. We should have confidence in our public administration operating...