Mick Barry (Cork North Central, Solidarity)
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67. To ask the Minister for Health if he will legislate to make himself legally accountable for the delivery of health services; and if he will make a statement on the matter. [27859/17]

Simon Harris (Wicklow, Fine Gael)
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Article 28.4.2 of the Constitution provides that the Government shall be collectively responsible for Departments of State “administered” by the Members of the Government. Under Article 28.12 of the Constitution Ministers are “in charge of” Departments of State. The principal legislative provisions governing my powers are the Ministers and Secretaries Acts 1924 to 2013 and the Public Service Management Act 1997. The structures of the Department of Health and distribution of its business are also regulated by these Acts.

The Ministers and Secretaries Act 1924, as amended, provides that I shall be the responsible head of the Department of Health and that I “...shall be individually responsible to Dáil Éireann alone for the administration of the Department ...”. This gives statutory effect to the constitutional principle of ministerial responsibility. I bear political responsibility under the Act of 1924 for all actions within the Department. In addition, under the Carltona Doctrinepowers vested in me may be exercised, without any express act of delegation, by officials of certain seniority and responsibility.

The roles and responsibilities of the Minister for Health, Ministers of State and senior officials in my Department are set out in the Governance Framework for the Department of Health, which is available at www.health.gov.ie.In addition, the Framework sets out the relationship which I have with the State Bodies under my aegis. My Department’s Governance Framework and the current legislation underpinning the delivery and regulation of health and social services is in keeping with the Department of Public Expenditure and Reform’s Corporate Governance Standard for the Civil Service (2015). I am satisfied that I carry out my role in keeping with best governance practice without the need for further legislation in this regard.

Legal responsibility for the delivery and regulation of health and social services is vested in a number of statutory bodies under my aegis.The relationship between the Department and bodies under its aegis is determined primarily by the underpinning legislation establishing the body and the requirements set out in the Code of Practice for the Governance of State Bodies (2016). Legal responsibility for delivery on the mandate and functions of a body under the aegis of the Department rests in the first instance with its Board, and the Chairman of the Board, or in the case of the HSE, with its Director General.