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

Catherine Byrne: I move amendment No. 19: In page 13, line 37, to delete “(b) provide” and substitute the following: “(c) provide”.

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

Catherine Byrne: I move amendment No. 20: In page 14, line 1, to delete “(c) assist” and substitute the following: “(d) assist”.

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

Catherine Byrne: This is about removing provisions for the CEO not being required to give an account to the committee of any matter that has been or may at a future time be the subject of court or tribunal proceedings.

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

Catherine Byrne: The amendment has been withdrawn so I cannot answer and Deputy O'Reilly has said she will bring it forward again.

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

Catherine Byrne: Yes.

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

Catherine Byrne: I understand.

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

Catherine Byrne: I did not clarify.

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

Catherine Byrne: I wish to point out that I would have engaged on the legislation if Deputy O'Reilly had not withdrawn her amendment. I cannot comment on an amendment once the Deputy has withdrawn it. I am sorry that Deputy Donnelly does not consider that my presence is not relevant. My presence is very relevant here. I am here on behalf of the Minister for Health, Deputy Harris. In terms of the...

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

Catherine Byrne: When this issue was raised in the Seanad, the Minister made the point that is it essential that not only is the integrity of any current court proceedings protected but also that the integrity of future court proceedings is protected. Has that clarified the matter?

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

Catherine Byrne: Will I read it again?

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

Catherine Byrne: The reply to the Deputy's question is the Minister does not want to jeopardise any future court cases that may occur.

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

Catherine Byrne: The CEO must inform the committee if the options of this provision apply in a matter in which it has been asked to give an account and must be the reasons for such an opinion, which must be given in person or in writing to the committee. Second, either side of the CEO or chairperson of the committee may, within 42 days, apply to the High Court for determinations on the matter. This is the...

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

Catherine Byrne: I have been advised that the CEO has to explain his or her reasons to the committee and that it can bring the matter further if it wants to. Some of these provisions are already stated in legislation.

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

Catherine Byrne: The objective of paragraph (2) is to protect court cases. Similar paragraphs are included in other legislation.

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

Catherine Byrne: I will relay them to the Minister and ask for a report to be made available.

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

Catherine Byrne: I imagine it would be a more serious offence, but I will ask the Minister to clarify the matter for the Deputies.

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

Catherine Byrne: I have been advised that there will a selection process and interviews.

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

Catherine Byrne: It is to be carried out by the PAS.

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

Catherine Byrne: It will come up with a shortlist for interview.

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

Catherine Byrne: I am advised that there will be a larger interview board, but the board will be represented.

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