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Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 2: In page 6, to delete lines 31 to 34. I welcome the Minister to the House and again thank him for making himself available to the House as opposed to sending one of his junior colleagues. We are very appreciative of that. As on Committee Stage, our difficulty with the section is that one cannot get the job unless one has had the job. That is flawed. It does not...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I would.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I am afraid I must press it.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: It is.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: Vótáil.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: It is.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: Vótáil.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 3: In page 6, between lines 39 and 40, to insert the following:?(5) The post of Director for Mental Health shall be a publicly advertised position, subject to strict criteria.?.This is a similar thread to the amendment on Committee Stage, which the Minister recalls. The essence of the Bill, which is supported by all Members, is that the Minister will have more hands-on...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I got slightly confused. It is not the first time it happened and it will not be the last. We propose to insert the words "The post of Director for Mental Health shall be a publicly advertised position, subject to strict criteria." The Mental Health Reform Group is concerned that the Bill limits the recruitment of a new director to the HSE to those who already hold the position of national...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: It is unfortunate this amendment cannot be taken on board. Failure to do so affects the credibility of the Bill and what it seeks to achieve. What it seeks to achieve is positive, and failure to accept this amendment weakens that and the credibility of the Bill, and it is wrong. The argument has been put forward that this is a temporary arrangement. The Minister said that the new agency...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: -----as opposed to a temporary arrangement. I would hate to think that a person who set out to employ someone in a public sector agency tomorrow would decide to pick whosoever he or she wished for the first three years and to have a look at the market thereafter. This does not represent good governance and seriously dents the legislation's credibility. These particular issues with the...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 4: In page 9, line 15, to delete ?Subject to subsection (4),?.The amendment proposes that subsection (4) should not apply to the appointment of the first director general. Obviously, my party disagrees with this and believes that under no circumstances should it apply to the first director general. Indeed, to my knowledge, the first director general will be a person who...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I do not doubt the Minister's confidence in him and I do not doubt but that he would sail through a recruitment process. However, members should have no fear of a recruitment process because they certainly will not do any worse then have him. I am sure he is doing a good job in the eyes of the Minister. My colleague, Senator Byrne, was speaking specifically on transparency and openness in...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: It could be the highest medically qualified or management consultant in the world.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: As regards precedents for a scenario, if such a precedent exists, it is wrong and is a matter that should be visited at the first legislative opportunity afforded to each line Minister. This is because there is in place a recruitment process and there is a scenario that must be followed. This provision shows blatant disregard for that and it is being used as an excuse to state this is how...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 5: In page 9, to delete lines 25 and 26.

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 6: In page 10, line 17, after "opinion," to insert the following: "such opinion being corroborated by independent written medical advice,".

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I support these amendments and think there is no reason not to accept them. It is vital the public has confidence that when those holding key positions appear before Oireachtas committees, there is not a refuge which can be mischievously used. It is not that that would be the case but Senators mentioned the recent appearance at the Committee of Public Accounts, which was clearly...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 11: In page 19, line 14, after ?Minister,? to insert the following: "including performance targets set by the Minister,".It is vitally important that targets are set by the Minister and included in the service plan. That is reasonable and it would give people something to aim for. Sometimes targets are not reached but it is important to have a route to try to...

Seanad: Health Service Executive (Governance) Bill 2012: Report and Final Stages (24 Oct 2012)

Marc MacSharry: I move amendment No. 15: In page 26, between lines 37 and 38, to insert the following:?23.?Any officer/employee of the Executive shall be tax resident in Ireland for the duration of his or her employment by the Executive.?.My colleague, Senator Thomas Byrne, who had to leave, spoke on this amendment the last day. It is important that any advisers or consultants the Minister is seeking shall...

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