Seanad debates
Tuesday, 27 March 2007
Health Bill 2006: Committee Stage
4:00 pm
Brendan Ryan (Labour)
I promise I will sit down for a while after this. Section 17(1)(a)(b)(c) and (d) are fine. However, section 17(2) states
If, in the Minister's opinion, the Board is not performing its functions in an effective manner, the Minister may appoint a person to—
(a) conduct an independent review of any matter giving rise to that opinion, and
(b) submit a report to the Minister on the results of the review.
It does not say that even if the report vindicates the board, the Minister must not then dismiss the board. If the Minister is of the opinion, under subsection (1)(d), that the board "is not performing its functions in an effective manner", and the Minister appoints a person to conduct an independent review, and that independent person comes to the conclusion that it is doing a reasonable job, why does the Minister apparently still retain the right to sack the board? Legislation is increasingly being drafted to ensure that the Minister can do what he or she wishes, rather than what it is appropriate to do.
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