Maria Corrigan (Fianna Fail)

I welcome the Minister to the House and thank the Chair for giving me the opportunity to contribute to this debate. As the Minister has outlined, the main purpose of the Bill is to put beyond doubt the vires of bodies established under the Health (Corporate Bodies) Act 1961. It also amends the Medical Practitioners Act 2007 and provides for a technical amendment to the Health Act 2004. The provisions in the Bill in regard to the health corporate bodies are required on foot of legal advice from the Attorney General that the constitutionality of the 1961 Act could be open to challenge. I welcome the Minister's assurance that it is not a question of any of these bodies having "no legal basis", but that given their importance no shadow of doubt can be allowed to exist in the matter. Thus, urgent action, as recommended by the Attorney General, is needed to confirm these bodies. I congratulate the Minister on her speedy response.

This Bill has implications for a number of bodies established under the previous legislation. While 40 bodies were established, 19 remain in existence. These include St James's Hospital, Beaumont Hospital, the Drug Treatment Centre, the Irish Blood Transfusion Service and the National Cancer Screening Service. Another of these existing bodies is the National Social Work Qualifications Board, established under the 1961 Act to carry out a range of functions, including the validation of qualifications of social workers. The Health and Social Care Professionals Act 2005 provides for the establishment of the Health and Social Care Professionals Council and registration boards to regulate and register members of designated health and social care professionals, including social workers. Section 83 of that Act provides for the dissolution of the National Social Work Qualifications Board, as its functions will be carried out by the council and the relevant registration board. The new Bill will enable the Minister to dissolve the board, in line with the provisions of the 2005 Act, despite the fact that the board is one of the bodies that will be confirmed under this legislation.

I take this opportunity to welcome the Health and Social Care Professionals Act and the establishment of the Health and Social Care Professionals Council and registration boards. I congratulate the Minister on the work in this area to date. This was an essential measure to provide safeguards for the public and to support competent professionals. I take the opportunity to suggest to the Minister that she should also look to the area of counselling, which remains unregulated and without registration boards. Currently, any individual can hang a sign proclaiming himself or herself to be a counsellor and be available to people in need. There is potential, therefore, for harm to members of the public who are particularly vulnerable at a time when they are seeking such assistance. This remains an area of considerable concern that would benefit from the Minister's input.

The Minister stated that legal advice also indicated that further legislation be drafted to address a wide range of issues identified with regard to the Act, including the retention of the power of the Minister to establish bodies under the Act, the circumstances in which that power should be exercised, the nature and limits of the functions which may be conferred on such bodies, the relationship of such bodies to the Minister, the Health Service Executive and other statutory agencies and the funding of such bodies. The Minister indicated that given the complexity of these issues, the Government will introduce another Bill to deal with them.

I also note that the Bill will allow for the amendment of the function of corporate bodies. In some instances, this will see some functions being transferred to the HSE and others being retained by the Minister. I understand that the functions being transferred are largely those to do with approving budgets and reporting on operational matters. While I understand the desire to ensure the HSE has sufficient capacity and authority to undertake the work it is charged with, I take this opportunity to indicate strongly my concern regarding the HSE's accountability regarding specific expenditure.

A number of recent incidents have increased my concerns in this regard. I understand from organisations that operate in the areas of mental health and disabilities that moneys allocated in Budget 2007 by the Ministers for Finance and Health and Children to these areas were later redirected by the HSE to other areas, including offsetting the overspend. I would appreciate, as a matter of urgency, clarification concerning this and also consideration of the need for the HSE to be held accountable for its expenditure, particularly where specific projects have been identified and are considered of sufficient priority for moneys to be allocated in respect of them.

I welcome the allocation of €50 million in respect of disabilities in the 2008 budget. I seek assurances, however, that every penny of this money will be spent in this area. I would also like assurances that it will be spent in an intelligent and purposeful way and that quality outcomes for the individual will be seen as an essential component of achieving value for money.

Excellent progress has been made in the context of the introduction of the Disability Act and the Education for Persons with Special Educational Needs Act and also the agreement of the national disability strategy and its incorporation as one of the components of the new social partnership agreement, Towards 2016. I am concerned, however, that as I consider developments in other countries in the context of quality service innovations that are person-led, we are not making the progress in the practical delivery of services that would ensure the best quality outcomes for individuals with disabilities. Achievement of this requires the HSE's full delivery of moneys allocated but also a mindset shift on its part that would allow new boxes to be included on service funding application forms. It is not just about spending the money, rather it is about meeting the needs of individuals in a way that ensures the best possible improvement of their quality of life and provides them with opportunities to realise their full potential in a way that maximises the limited financial resources available.

Under the Bill, the approval of the HSE will also be required in respect of certain functions such as those relating to the recruitment of staff and pay and remuneration. However, this approval can only be given with the consent of the Minister and the Minister for Finance. While I would not request and do not expect the Minister to become involved in micromanagement, I am strongly of the view that we must consider the introduction of some mechanism to ensure the accountability of the HSE regarding funding designated for specific purposes and not just that relating to its overall Vote.

I welcome technical amendments to the Medical Practitioners Act 2007 because these will facilitate the phased commencement of significant provisions in that Act and the move from the old regulatory system to a new improved one. In light of the progress made in providing for a modern, efficient and transparent system for the regulation of the medical profession which will benefit members of the public and the profession and ensure also all medical practitioners are appropriately qualified and competent, it is essential that the transition to the new Medical Council should take place on a phased basis to ensure the objectives of the Act are realised. I wish all involved well.