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

Brian Lenihan Jnr: There are a number of amendments and I will deal with each of them. Senator O'Meara invited me to speculate on membership of the board. It is a matter for the Minister under the legislation, but there will be an element of continuity with the interim board. However, the final decision rests with the Minister. Amendment No. 9 seeks to allow elections to take place for the appointment of...

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

Brian Lenihan Jnr: I dealt with that point earlier. It does not deal with their qualifications, although I am happy to read into the record the qualifications of the members of the interim board, if the Senator is interested.

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

Brian Lenihan Jnr: It does.

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

Brian Lenihan Jnr: It is Government policy to secure the maximum number of appointments of persons of different gender. The chief executive is responsible under section 18 to the board. That is not compromised in any way by making the chief executive a member of the board because he or she will have to be present to report to the board and put it in the picture in regard to any particular matter.

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

Brian Lenihan Jnr: In general, no, not under this legislation, which is not to say that there may not be legal advice given to the board in certain extreme circumstances where it might be required to do so.

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

Brian Lenihan Jnr: He or she can appoint a deputy.

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

Brian Lenihan Jnr: I regret I cannot accept the amendment, though I accept the motivation behind it. I do not consider it necessary that a member of the board should be required to inform the Minister of the reasons for his or her non-attendance at a board meeting. The members appointed to the board will be persons who have a responsible attitude to their role. There may be occasions where an unexpected event...

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

Brian Lenihan Jnr: The board must meet at least 11 times a year. The board also has power to lay down rules and regulations regarding presence and absence. It is normal on any body to have such rules. In all corporate practice there is a fundamental distinction between a person missing a meeting and being absent and a person being excused for non-attendance. I do not believe the amendment reflects that fact....

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

Brian Lenihan Jnr: There is no facility for proxy voting.

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

Brian Lenihan Jnr: Yes.

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

Brian Lenihan Jnr: As Senator Browne indicated, it is the practice to call the Accounting Officer before the relevant committee, not the Minister. In the administration of any Department an Accounting Officer can disagree with a Minister and can refuse to sanction a payment which the Minister requests. That is the nature of the safeguard inserted in our public accounting system so that a Minister of the day can...

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

Brian Lenihan Jnr: Senators are so used to the civilised nature of the discourse in this Chamber and the fact that controversies over Government policy do not populate their benches-——

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

Brian Lenihan Jnr: ——they sometimes forget there is another House. The subsection is located in a general section dealing with the attendance of the chief executive officer before Oireachtas committees. It is in that context that the subsection is enacted. Senators will notice that subsection (9) begins with the words: "In carrying out duties under this section." It is not an attempt to prohibit or censor...

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

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

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

Brian Lenihan Jnr: Public funding of third level institutions is a matter for the Department of Education and Science. I agree with what Senator Daly has said on this subject. I think that has been part of our problem but it is not being addressed directly in this legislation.

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

Brian Lenihan Jnr: It is being addressed indirectly. If one has a unified health executive examining the issues, the possibility of devising an integrated approach to this problem is far greater than under the present arrangement with a multiplicity of health authorities. There is no doubt, therefore, that a single authority will identify far more quickly than at present where are the gaps and bottlenecks in...

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

Brian Lenihan Jnr: No.

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

Brian Lenihan Jnr: We have travelled a long way from simply exploring the meaning of the word "facilitate", which was the point of departure for this particular discussion.

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

Brian Lenihan Jnr: Senator Daly led us very far down this path. It highlights a point, which is an important one, that the executive will be engaged in national workforce planning. As a result of that planning exercise, the executive will identify where there are difficulties, including gaps in provision. To answer Senator O'Toole's question, the executive cannot establish a school of pharmacy. These are...

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

Brian Lenihan Jnr: However, the executive will play an important part as a vital cog in the administrative machine, identifying exactly how many therapists and other disciplines are required, and then seeking the appropriate response from the Government in the context of overall policy.

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