James Reilly (Dublin North, Fine Gael) | Oireachtas source

I will respond to each of the amendments separately. I appreciate that the Senators are motivated by a concern to ensure that provisions are sufficiently robust to ensure that the HSE abides by priorities set by the Minister.

In regard to amendment No. 4, the Bill provides that the Minister may specify priorities to which the HSE must have regard in its service plan. The HSE must take heed of these priorities when preparing its service plan. Moreover, the Minister may direct the HSE to amend its service plan if the plan does not have sufficient regard to priorities and performance targets. I think that provision is sufficient to cover concerns.

In regard to amendment No. 21, I understand that the issue is whether particular terms in section 12 are strong enough to ensure that the HSE follows the Minister's directions. Section 12 amended section 31 of the Health Act 2004 which deals with how the HSE prepares and submits its service plan for the Minister's approval. Directions under section 31(3) relate to the form and manner in which the service plan is prepared.

Under section 31(4) a service plan must be prepared in a formal manner that is consistent with any direction under section 31(3). This seems appropriate wording and, therefore, I do not intend to accept amendments Nos. 4 and 21.

The purpose of amendment No. 24 is to delete the reference to policies in section 31(9)(d). The subsection provides that the Minister may, after consulting with the Minister for Children and Youth Affairs, direct the HSE to amend a draft service plan if, among other gaps, it "does not accord with the policies and objectives" of the two Ministers or the Government. A deletion of the term "policies" would mean that the subsection would then refer to "objectives" rather than "policies or objectives." Both terms are useful and I am also conscious of the term "policy or objective of the Minister or the Government", a term used consistently elsewhere in the Health Act 2004 and in this Bill. Therefore, I do not propose to accept the amendment.

I shall deal with amendments Nos. 22 and 23. I would like the opportunity to give further consideration to the amendments tabled by the Senators and, subject to legal advice, I may table related amendments on the service plan on Report Stage.

With regard to section 12, and subject to legal advice, I may table technical amendments to clarify the information given in the service plan about the number of employees.