Brendan Smith (Cavan-Monaghan, Fianna Fail)

Schedule 1 provides for the amendment of particular functions of certain corporate bodies. The establishment audit for the corporate bodies established under the 1961 Act provides that certain powers, functions and activities relevant to the bodies are to be carried out by the Minister, or in other instances are exercisable by the bodies themselves, subject to ministerial approval or with the consent of the Minister and the consent of the Minister for Finance. However, certain of the 19 bodies in operation, namely, St. James, Beaumont, St. Luke's, Leopardstown Park, the Dublin Dental Hospital, the National Haemophilia Council, the Drug Treatment Centre board and the National Paediatric Hospital development board are now funded, or will be, by the Health Service Executive.

Consistent with the health service reform programme and the provisions of the Health Act 2004, it is proposed to amend the establishment orders of these bodies to reflect that they are accountable to the HSE for the performance of their operational functions and responsibilities. The functions being transferred from the Minister to the HSE are those relating to the submission by these bodies of estimates of income and expenditure for the forthcoming year, provision of operation and management information and so forth. Other responsibilities will be retained by the Minister, for example, appointing members and receiving and laying accounts before the Houses of the Oireachtas. In other matters, such as recruitment and pay, it is proposed that the bodies determine these with the approval of the executive and the consent of the Minister and the Minister for Finance.

These provisions reflect the current practice where the HSE deals with operational matters of these bodies and areas such as pay and numbers are determined in accordance with national policy. If I were to accept these amendments, that would create by means of primary legislation a direct managerial relationship between the Minister and the Department and these bodies. These bodies have not been funded directly by the Department since 2000 when the Eastern Regional Health Authority was established to take over the direct management of health services in the old Eastern Health Board area. The Health Service Executive took over this role and funds these bodies in accordance with the Health Act 2004. To accept these amendments would undermine one of the central principles of the health service reform programme and the provisions of the 2004 Act. I therefore do not propose to accept the amendments.

If the amendments were accepted, it would enshrine in law a direct managerial relationship between the bodies and the Minister, thus bypassing the Health Service Executive. This would not provide for proper accountability of governance because the HSE funds these bodies.

I wish to comment on the general relationship between the HSE and the Department. The Department of Health and Children has responsibility for policy formation and for providing the Minister and Ministers of State with advice. The HSE has responsibility for the implementation of policy.