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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: The interview board will make recommendations to the main board.

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

Catherine Byrne: Yes, but based on recommendations from the interview board.

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

Catherine Byrne: I am advised that the interview board will rank them in order of preference.

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 just want to confirm this so I can get it right and it will not be recorded in any other way. To go back to the original question the Deputy asked about appointments, the PAS will appoint people. I am confusing myself. I apologise to the Chair. I have to be careful about this, because what I say might be used as evidence against me and I would not like that to happen.

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

Catherine Byrne: I want to be very clear in reply to the Deputy so that I can be accountable for what I say on the record to the Minister when I meet him again.

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

Catherine Byrne: I do not want to put my own interpretation on what I am being advised.

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

Catherine Byrne: As the committee can see, I am not a legal mind. I apologise to the Chair for the long delay, but I want to get this right in case somebody decides to sue me. The PAS will carry out a competitive and transparent process to decide whom to put forward. The board will appoint that person. It will accept the process and the recommendations that come from the PAS. I hope that makes that clear.

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

Catherine Byrne: I am sorry about that.

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

Catherine Byrne: Yes, that is it.

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

Catherine Byrne: I move amendment No. 22: In page 19, between lines 22 and 23, to insert the following: “Amendment of section 29 of Principal Act 15.Section 29 of the Principal Act is amended by the substitution of the following subsection for subsection (4): “(4) In preparing the corporate plan, the Executive shall have regard to the policies (whether set out in codes, guidelines or...

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

Catherine Byrne: I move amendment No. 23: In page 19, between lines 24 and 25, to insert the following: “(a) in subsection (4), by the substitution of the following paragraph for paragraph (g): “(g) accord with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) and objectives of the Minister and the Government.”,”.

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

Catherine Byrne: I move amendment No. 24: In page 20, to delete lines 10 to 12 and substitute the following: “(c) in subsection (7), by the substitution of “chief executive officer in compliance with subsection (6A)” for “Director General in compliance with subsection (6)”, (d) in subsection (9), by the substitution of the following paragraph for paragraph (d): ...

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

Catherine Byrne: I move amendment No. 25: In page 21, line 10, to delete “one” and substitute “not fewer than 3”. Section 40H of the Health Act 2004 provides for an audit committee of the HSE. This section makes amendments to section 40H to take account of the move to a board governance structure, for example, providing that the audit committee is appointed by the board rather...

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

Catherine Byrne: The audit committee functions are set out in sections 22 and 13. These changes are proposed in line with the Department of Public Expenditure and Reform code of practice for the governance of State bodies which recommend that an audit committee should have independent non-executive board members and members drawn from outside of the board.

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

Catherine Byrne: These are set out in section 22. The audit committee will advise the chief executive officer on financial matters relating to his or her functions, report in writing at least once in every year to the chief executive officer on those matters and on the activities of the committee in the previous year, and provide a copy of the report to the board and the Minister. It will, on and after the...

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

Catherine Byrne: I am advised that there can be any number on the audit committee but there must be three members from the board and four external members.

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

Catherine Byrne: The audit committee deals with HSE functions. Having three members from the HSE board and four external members means the balance is in favour of external members. I do not understand the reason that is a problem for the Deputy.

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

Catherine Byrne: My understanding is that the chairman of the audit committee must be an external member. The committee does not give auditing advice. The HSE has its own auditors. I am not really in tune with what the Deputy is saying. Is he saying that having three members of the HSE board on the audit committee is too many?

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