Results 8,621-8,640 of 21,128 for speaker:James Reilly

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I move amendment No. 13: In page 15, to delete lines 3 to 8 and substitute the following:"(b) if and for so long as the Director General is not present, or if that office is vacant, the appointed director designated by the Director General for the purposes of section 16G(4) or, as the case may be, the appointed director designated by the Minister for the purposes of section 16G(5) shall, if...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I move amendment No. 14: In page 15, to delete lines 37 to 44 and substitute the following:"(2) Notwithstanding section 16A(3), where by reason of an extended absence by an appointed director there are not, in the opinion of the Minister, a sufficient number of appointed directors of the Directorate available to enable the Directorate to perform its functions effectively, the Minister may...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I can stay a few minutes. I must leave before 6.45 p.m. because I have an important meeting to attend.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: To deal with Deputy Kelleher's last point first, this is a standard provision for posts of this nature. There is nothing new about it. I am advised it applies to anybody in a senior position of that nature and one would know by the language that is a standard legalese that applies because of the responsible position that he or she holds.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I can provide the Deputy with the legal interpretation of what this means, at a later date but before Report Stage. Second, on Deputy Kelleher's contention about being able to hire and fire at will, natural justice applies in this country and it would be a serious matter for a Minister or anyone else to behalf in the way he outlined because one would be leaving oneself open to legal...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I do not fear that this section is unwarranted. I believe it is reasonable.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: One cannot do this unless one has reasonable justification. The laws of natural justice apply here.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: It is a temporary structure.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I thank the Deputy for his amendment. There are many examples in legislation relating to the removal of a person from office where in the opinion of the body or person with responsibility for the matter that the office holder has become incapable through ill-health of effectively performing his or her duties. The provision in the Bill is based on those precedents and I do not see the need...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I move amendment No. 12: In page 11, to delete lines 22 to 40 and substitute the following: “(4) Where the Director General is absent the functions of the Director General referred to in subsection (1) may be performed by such appointed director as may be designated by the Director General from time to time, with the consent of the Minister. (5) If the office of Director General is...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: Under section 16K, the Bill currently provides that in the extended absence of a DG or if the office of DG is vacant, the functions of the DG may be performed for such period not exceeding six months by an appointed director, that is, a member of the directorate designated by the Minister. However, on further reflection, there is a need to address absences by the DG that are not extended...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: Section 16G(4) of the original Act states: "Where the Director General is absent for an extended period or the office of Director General is vacant, the functions of the Director General referred to in subsection (1) may be performed, for such period not exceeding 6 months as may be specified by the Minister...". The extended period is not qualified here and, therefore, the amendment is...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I hate to interrupt the Deputy. On a point of order, we are discussing an amendment relating to the appointment of the first director, not the issues the Deputy is raising.

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: Under subsection (4), the first director general is appointed by the Minister. Subsequent directors general will be appointed by the Minister following a recruitment process under the Public Service Management (Recruitment and Appointments) Act 2004. There are precedents in legislation which provide that the first person appointed to a new office may be appointed as envisaged in subsection...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: The precedents include legislative provisions for the Charities Regulatory Authority, the Residential Institutions Statutory Fund Board, the Qualifications and Quality Assurance Authority of Ireland and the National Tourism Development Authority. There is nothing new in this and we all know this is a short, temporary arrangement that will last a couple of years at most and I want to expedite...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I move amendment No. 5: In page 6, line 34, to delete “grade of national director in the Executive.” and substitute the following:"grade of national director or other grade in the Executive which is not less senior than the grade of national director.".

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: It is important to be clear that an appointed director will not receive any additional remuneration by virtue of the appointment to the directorate. An appointed director will be remunerated for his or her substantive post of national director or other senior grade. Posts at national director level in the HSE are senior management positions which encompass significant responsibilities and...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: I move amendment No. 7: In page 7, to delete lines 6 to 9 and substitute the following:"(4) Upon an appointed director ceasing to be employed by the Executive in a grade referred to in section 16A(3), that person shall cease to be an appointed director.".

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: The effect of Deputy Ó Caoláin's amendment would mean there would be no requirement that members of the directorate must be drawn from employees and senior management positions in the HSE. As the directorate is to be the new governing structure of the HSE it is essential that its members come from senior management in the executive. I should also clarify that it was not the...

Committee on Health and Children: Select Sub-Committee on Health: Health Service Executive (Governance) Bill 2012: Committee Stage (23 Apr 2013)

James Reilly: It is not often that Deputy Ó Caoláin and I agree. This is one of the occasions we agree although perhaps not in the same way. I am happy to share with Deputy Ó Caoláin my thoughts on the Report Stage amendment because I am clear in what I am trying to achieve. Its purpose is to accommodate precisely what Deputy Ó Caoláin was talking about and it alludes to...