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

I have a clear recollection of the reason this provision was included in the Bill, which is the following. This is a temporary arrangement. An open competition would have involved procurement issues and so on, which process could go on for six months. This is a temporary arrangement to carry us on to the next phase when the HSE is abolished in toto and we move to an integrated care agency. It does not preclude people from outside the current health family from involvement. They can apply for another role in the HSE and be appointed directors from that family.

I agree with the sentiment of what Senators' are saying. If we were legislating for an ongoing situation as opposed to a temporary structure, I agree there would be a need for open competition. Given the life of this agency will not be for more than three years, possibly less than this, the decision was made to expedite the process in a real way to allow reforms to be progressed quickly. We can come back to this on Report Stage if Senators wish, prior to which I will seek some legal advice on it. I am sure Senators will agree on the need for quick progression of the reforms and change in terms of how we do business. We also want to ensure accountability, transparency and that the patient is at the centre of everything we do. That is the rationale behind this, without going into the legal niceties in terms of the notes I have with me on this issue.