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Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It does exclude the Minister for Health and Children.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Section 9(1) states, "the Minister for Health and Children may, with the consent of the Minister for Finance, by regulation, reduce, whether by formula or otherwise, the amount or the rate of payment to be made to health professionals, or classes of health professionals, in respect of any services that they render to or on behalf of a health body from the date of the regulation." That allows...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It could.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Assuming that a consultant renders a professional consultancy arrangement of a long-term and onerous character, it would be open to the Minister to deal with the arrangement.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Let us explore these questions as we proceed through this emergency.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The Attorney General and the Director of Public Prosecutions.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It helps us towards that end in terms of services rendered for the taxpayer. Sections 9 and 10 relate to professional services rendered for the State, not professional services rendered for private parties. In the context of professional services rendered for the State, these sections empower the Minister to take the actions envisaged which will result in ensuring a contribution or a...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Neither of those bodies work for me. PricewaterhouseCoopers has carried out an assessment of the exposures in the banking sector and is working for the Financial Regulator and is, therefore, remunerated by it. As the Deputy is aware, the regulator is funded through bank levies. Merrill Lynch is retained by the National Treasury Management Agency and it advises that agency. I will...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: As the Deputy is well aware, I am not the boss of the regulator.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: That inevitably will be the case. We have set ourselves the target of 8% and we will pursue that through the relevant professional bodies. However, we have the reserve power in the legislation to deal with matters in the absence of agreement.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: The more tests included in such legislation the more one exposes oneself to judicial review. The Minister has been given a very clear power to strike a balance between the rights and obligations of professional service providers and the purposes of the Act to provide a basis for taking emergency measures to tackle the exceptional problems of the public finances. Under that broad rubric the...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: We believe the figure is €80 million on a full year basis but if we can secure more than that, well and good.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Yes, €80 million on a full year basis for both.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Which person does the Deputy mean? I am on page 12.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: A registered pharmacist?

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: A podiatrist.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Someone who deals with feet.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: Yes the podiatrist deals with the shape of one's foot and ensures that is correct. Many people have flat feet in our population and in the House.

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: I move amendment No. 32a: In page 12, between lines 10 and 11, to insert the following subsection: "(19) In this section, payment in respect of a service rendered by a health professional includes payment in respect of goods provided by that health professional as part of the service.". The purpose of this amendment is to make clear that the payment to a health professional for services...

Financial Emergency Measures in the Public Interest Bill 2009: Committee Stage (Resumed) and Remaining Stages (25 Feb 2009)

Brian Lenihan Jnr: It will cover the whole Bill.

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