Donate with Paypal

You can make a donation using PayPal
close

Subscribe to newsletter of dailwatch.ie

Stay informed and receive regular updates from dailwatch.ie

close

Recommend dailwatch.ie with your social network

close

You can make a donation using PayPal

Subscribe to our newsletter

Recommend dailwatch.ie with your social network

Health Service executive (Governance) Bill 2012: report Stage (resumed) and Final Stage

Vote from 12/06/2013

0 comments
Chart

Amendment No. 3 moved by Deputy James Reilly:
In page 6, line 30, to delete “greater than 6” and substitute “greater than 8”.

yes
no
absent
blank

How did your constituency representatives vote?

Find out how the TDs from your constituency voted, by filling in your constituency or area:

Background information

Amendment No. 3 moved by Deputy James Reilly:
In page 6, line 30, to delete “greater than 6” and substitute “greater than 8”.
Currently, the Bill provides that the directorate, which will be the governing body for the HSE, will consist of the director general and not more than six other members, who are referred to in the Bill as “appointed directors”. Only HSE employees at the grade of national director or no less senior grade will be eligible to be appointed as directors. The decision to include employees in no less senior grades was the result of a Committee Stage amendment introduced by Deputy Reilly. Amendment No. 3 will give practical effect to that provision by making provision in respect of the size of the directorate. The HSE has recently appointed people to head up key service areas, including a national director of mental health, a national director of hospitals, a national director of primary care, a national director of social care and a national director of health and well-being.The purpose of Amendment No. 3, therefore, is to increase the maximum number of appointed directors from six to eight. This will allow relevant service heads and a small number of other key senior employees such as the chief operations officer and the chief financial officer to form the governing body of the HSE. Deputy Reilly assures that there will be no additional cost associated with the making of this amendment.

Amendment No.5a moved by Deputy Reilly:
In page 6, between lines 41 and 42 to insert the following:
“(5) For the purposes of subsection (3) and section 16B (4), a person shall be considered as holding the grade of national director or other grade in the Executive which is not less senior than the grade of national director, where that person stands appointed to a post at such grade on a temporary or acting basis for so long as that appointment subsists.”.

The rationale for this is that the Bill provides that members of the HSE directorate are referred to as appointed directors and that only HSE employees in the grade of national director, or other not less-senior grade, are eligible to be appointed to be directors. Deputy Reilly emphasizes that it must, however, allow for all eventualities, including where an employee may be acting in the relevant grade on a temporary basis but his or her substantive grade is less senior. Amendment No.5a addresses this, in line with legal advice.

Amendment No. 19 moved by Deputy Reilly:
In page 11, to delete lines 22 to 40 and substitute the following:
“(4) Where the Director General is absent the functions of the Director General referred to in subsection (1) may be performed by such appointed director as may be designated by the Director General from time to time, with the consent of the Minister, and where no such designation has been made, and the Director General is unable by reason of his or her ill health to make such a designation, by the Minister.
(5) If the office of Director General is vacant, the functions of the Director General referred to in subsection (1) may be performed by such appointed director as may be designated by the Minister for the purposes of this subsection.
(6) For the purposes of subsections (4) and (5), where in this Act or in any other enactment functions are assigned to the Director General or provision is made in this Act or in such enactment as to the manner in which a function so assigned is to be performed by the Director General any such reference to the Director General shall be construed as including a reference to the appointed director designated by the Director General or the Minister under subsection (4) or, as the case may be, the Minister under subsection (5) for so long as that appointed director stands so designated and entitled to perform the functions of the Director General.
(7) Where the Director General resumes duty the person designated under subsection (4) shall cease to perform the functions of the Director General.”.

Amendment No. 22 moved by Deputy Reilly:
In page 26, to delete lines 10 to 26 and substitute the following: “(2) In any legal proceedings, a certificate that—
(a) states that a specified function was on a specified day delegated or subdel- egated to an employee of the Executive,
(b) states that the delegation or subdelegation of the function concerned remained in force on a specified day,
(c) specifies the limitations, if any, imposed on the delegation or subdelegation of the function concerned, and
(d) is signed by the Director General or an employee of the Executive who has subdelegated a specified function of the Executive delegated or subdelegated to him or her under section 16H,
shall, unless the contrary is proved, be evidence of the matters stated in the certificate.”.
This amendment relates to section 20 of the Bill which itself amends section 77 of the Health Act 2004. This deals with certificate evidence regarding delegation and subdelegation of functions within the HSE in legal proceedings. The amendment is a drafting one to ensure that the subdelegation of functions is properly covered.

These amendments agreed to without an individual vote for each one.

Notable amendments which were proposed but not agreed to:

Amendment No. 4 moved by Deputy Caoimhghín Ó Caoláin:
Deputy Ó Caoláin’s amendment envisages outside persons being appointed to the directorate, which is consistent with a board structure rather than a directorate model.
Deputy Caoimhghín Ó Caoláin: 'Amendment No. 4 is not about demanding that the membership of the directorate is made up of people outside the Health Service Executive. It is about having the option of appointing - I repeat - the best possible people to take on these roles of responsibility'

Amendment No. 12 moved by Deputy Caoimhghín Ó Caoláin:
In page 9, line 24, after “determine” to insert the following:
“but the total annual remuneration of the Director General shall be no more than €100,000”.

Amendment No. 21 moved by Deputy Caoimhghín Ó Caoláin:
In page 19, line 45, after “Executive” to insert the following:
“and the Joint Oireachtas Committee on Health and Children”.

Add new comment

* Mandatory
yes
no
absent
blank