Brian Lenihan Jnr (Dublin West, Fianna Fail)

The voluntary and community sector is not ignored in this Bill. Section 7(5)(a) stipulates that in performing its functions, the executive must have regard to, "services provided by voluntary and other bodies that are similar or ancillary to the services the executive is authorised to provide." I appreciate the point made by Senators that this relates to service provision in its terms. However, the executive must have regard to these services. That specific statutory recognition is important in the legislation.

Section 7(5)(c) requires the executive to have regard to, "the policies and objectives of the Government or any Minister of the Government to the extent that those policies and objectives may affect or relate to the functions of the executive." In a sense, therefore, the reference to voluntary and other bodies is put ahead of that relating to the policies and objectives of the Government in regard to the performance of the functions of the executive. The health strategy recognises that co-operation between statutory and voluntary providers facilitates a more responsive approach to meeting needs. This is what is envisaged in the legislation. The Government supports and promotes the voluntary and community sector, as evidenced in this provision.

The executive is required to use its resources in the most beneficial, effective and efficient manner. In endeavouring to do this, it will have to consult with all sectors, including the voluntary and community sector, providing services similar to its own, in an attempt to co-ordinate its work with that of other bodies. This will ensure that the best quality service is provided to the public. The Government is committed to this partnership approach in the health strategy. There is no dispute about this.

Senator Browne's amendment No. 35 proposes that the service plan prepared by the executive must, "have regard to the role played by the community and voluntary sector in the development and provision of health services." Again, this proposal is already encompassed in the provisions of section 7(5)(a).

In preparing the service plan and arriving at a plan which outlines the services it plans to deliver, the executive must consider the services provided by other sectors, including the community and voluntary sector. This allows it to take account of the concerns of other sectors and arrive at arrangements with service providers in those sectors. The final service plan will serve to optimise the services the executive can deliver to the public in any one year. I agree with Senator Henry regarding the importance of advocacy. However, advocacy is recognised as a service in itself and can be funded as part of a service plan.

Senator Browne's amendment No. 44 proposes that, in establishing the national health consultative forum, the Minister, "will have regard to the role played by the community and voluntary sector in the development and provision of health services when considering the remit and composition of the Forum". It is inappropriate to oblige the Minister to consider any one sector when appointing members to the forum. I have no doubt the Minister will look carefully at many of the very qualified individuals in the voluntary and community sector when she comes to make her appointments. However, this is not a matter that can be tied down in legislation.

Amendment No. 45 seeks to oblige the executive to consult with, "local communities, the community and voluntary healthcare and personal social services sectorand other groups about health and personal social services". As I have said, the legislation already provides that the executive must have regard to services provided by voluntary and other bodies. Provisions for consultation are included in Part 8 which deals with public representation and user participation. This applies also to amendment No. 48. The issues raised by Senator Browne's amendments are covered in the legislation.