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Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: It would be an awful shame if a really good chief executive officer did not spot a 60 km/h sign and ended up having to be fired. I am not condoning speeding, but it would be good if the Minister of State could give us a note on what is included as an indictable offence. Paragraph (4) states such a person shall cease to be qualified for office. This is black and white. It is not that an...

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: By whom will the selection process be carried out?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Will the PAS come up with a shortlist for the board, which will then interview the final candidates? How will it work?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: The board will then interview them. Is that correct?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Will the PAS carry out an initial round and come up with a shortlist of candidates for this interview board?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Very well. Who is to be the final decision-maker, the board or the final interview panel on which the board is to be represented?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Will it ultimately be the main board that decides?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Let us say that the PAS comes up with ten names. The interview board interviews those ten individuals and forms the view that three of them are suitable. Will the board then ultimately decide which one of the three is appointed?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Will the board be obliged to take the first preference?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: So the board will not choose. The section seems to say that the board is to choose the chief executive, but it will not do so not if it is obliged to take the first preference. Is that correct?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: For what it is worth, I am not trying to catch the Minister of State out; I am just looking for clarity.

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Of course.

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: I thank the Minister of State.

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: I think it does, it just-----

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: No, it is fine. I thank the Minister of State for taking the time. I am trying to understand if the board is to have any say. As I read this, it seemed that the board would appoint the chief executive and, therefore, have a say. However, if I understand the Minister of State correctly, it will not. The PAS will do its thing, it will make a recommendation to the board and the board will...

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Very well. It strikes me as odd. It is normally one of the most important powers a board has. The next page indicates that the board will be allowed to fire the chief executive. It seems strange that it will not hire the chief executive, but I thank the Minister of State for the clarification.

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: There is a slight concern with this amendment in that it seems to tip the balance very much back towards the board. Perhaps I am misunderstanding the amendment, but the essential function of the audit committee is to be independent and external auditors. Maybe I am wrong, but if that is the case, does it give the board too much say on a body that might be looking at the activities of the...

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: Will the Minister of State give a quick overview of the core functions of the audit committee?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: How many members are on the audit committee?

Select Committee on Health: Health Service Executive (Governance) Bill 2018: Committee Stage (20 Feb 2019)

Stephen Donnelly: In that case, the minimum number is seven. This seems peculiar. One of the core functions of the audit committee is to provide financial advice to the board, including on activities of the board. If three of the seven members of the audit committee are drawn from the board, is there not a conflict of interest or at least a lack of independent oversight given that it would only require one...

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