Seanad debates

Wednesday, 10 October 2012

Health Service Executive (Governance) Bill 2012: Committee Stage

 

1:15 pm

Photo of Marc MacSharryMarc MacSharry (Fianna Fail) | Oireachtas source

I wish to make a general comment on the amendments as Senator Power has already dealt with them.

I am concerned that some of the terminology used - and with respect to the officials - ensures that Sir Humphrey has control. When a Government policy and priorities exists then the State agency responsible has a statutory duty to comply with them, not merely to resemble the policy or priorities.

Terms like "consistent with" are very loose and when the Minister was in opposition he would have said such terms would give the Minister of the day plausible deniability. From the Minister's perspective such terms grant him a safeguard and an ability to blame the officials if something does not go to plan. My view - and our view - is that the Government of the day should set policies that are in line with the demands and needs of the people in terms of services. The relevant organisation must carry those out to the letter, not to the extent that the person of the day may feel that it is consistent with, resemble, or be to the fullest extent possible but they must "comply with" them. Particularly in the context of an organisation whose budget, under the new regime, will come from the Minister, it will have to be responsible for spending one of the largest portions of the tax take. In that context, whether it is Minister Reilly or another Minister from whatever party, now or in the future, there needs to be absolute control and input in order to stand over spending.

We do not want a future Committee of Public Accounts or Oireachtas Joint Committee on Health and Children to have an argument over whether a particular action was "consistent with" the policy or priorities of the Minister of the day as opposed to "complies with". I do not feel there is a level of plenipotentiary status that officials within a State agency should have which could supersede the Minister of the day or the policy or priorities he or she might have set.

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