Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 166: To ask the Tánaiste and Minister for Health and Children the criteria which are used to determine whether the availability of a health service in the State is a policy matter and, therefore, her responsibility or an operational matter and, therefore, the responsibility of the Health Service Executive. [14538/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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As Minister, I am responsible for the overall organisational, policy, financial accountability and legislative framework underpinning the delivery of health and personal social services. I am, with the support of the Department, responsible for holding the Health Service Executive to account in its financial and service performance, as well as its implementation of Government policy. As provided by the provisions of sections 29 and 39 of the Health Act 2004, I am responsible for approving the corporate and service plans of the executive, which set out the key objectives of the executive, the strategies for achieving these objectives, the type and volume of services to be delivered together with the executive's capital plans.

Under section 7 of the Health Act 2004, the Health Service Executive is responsible for managing and delivering or for arranging to be delivered health and personal social services in the most beneficial, effective and efficient manner to improve, promote and protect the health and welfare of the population in accordance with Government policies. The executive is accountable for the actual delivery of services and day-to-day operations and it is on that basis that my accountability and the executive's accountability is determined.

Regulations have been made, under the provisions of section 79 of the Act, to ensure that the executive deals expeditiously with concerns of the Members of the Oireachtas. The chief executive officer of the executive is the Accounting officer for the HSE in respect of the executive's Vote and, as such, is accountable to the Committee of Public Accounts. The chief executive officer of the HSE may be called before the Oireachtas Joint Committee on Health and Children to give an account of the general administration in accordance with the provisions of section 21 of the Act.

Regional health forums have been established, in accordance with regulations made under the provisions of section 42 of the Act of 2004, to enable local public representatives to make representations to the executive concerning the range and operation of services in their area.

In the case of parliamentary questions where the information requested is readily available in the Department, it is included in the answer given in the House. Where a question raised by a Deputy refers to the current availability of services or the provision of a particular service for a named person, it will usually be necessary to refer the question or part of the question to the HSE for a direct reply to the Deputy concerned.