S.I. No. 132/2005 - Interim Health Information and Quality Authority (Establishment) Order, 2005

STATUTORY INSTRUMENT

S.I. No. 132 of 2005

Interim Health Information and Quality Authority (Establishment) Order, 2005

STATUTORY INSTRUMENT

S.I. No. 132 of 2005

Interim Health Information and Quality Authority (Establishment) Order 2005

The Minister for Health and Children in exercise of the powers conferred on her by section 3 of the Health (Corporate Bodies) Act, 1961 ( No. 27 of 1961 ) as amended by section 22 of the Health (Amendment) (No. 3) Act, 1996 ( No. 32 of 1996 ) and as adapted by the Health (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 308 of 1997 ) hereby orders as follows:

1.

Definitions

2.

“Chairperson” means the chairperson for the time being of the Interim Authority;

“Authority” means a body to be established by the Minister to develop, set and monitor standards of quality in the delivery of health and personal social services; evaluate and improve the delivery of health and personal social services through accreditation programmes, information systems and health technology assessment; and having regard to available resources for the provision of health and personal social services, promote practices that evidence has shown produce high quality and best possible outcomes.

“Interim Authority” means the Interim Health Information and Quality Authority established by this Order;

“Minister” means the Minister for Health and Children;

Establishment of Interim Authority

3.

The Interim Authority and Seal

4.

• (2) The Interim Authority shall, as soon as may be after the establishment day provide itself with a seal.

• (3) The seal of the Interim Authority shall be authenticated by the signature of its Chairperson or some other member of the Interim Authority authorised by it to act in that behalf, and by the signature of an officer of the Interim Authority authorised by the Interim Authority in that behalf.

• (4) Judicial notice shall be taken of the seal of the Interim Authority, and every document purporting to be an instrument made by the Interim Authority and to be sealed with the seal (purporting to be authenticated in accordance with sub-article (3) of this article) of the Interim Authority shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

Functions of the Interim Authority

5.

• (1) to prepare and submit to the Minister for his or her approval a plan or plans, for the establishment of the Authority, which shall provide for:

• (a) a high level organisational design of the Authority, including the definition of the top-level management team and a detailed analysis of the financial and staffing requirements for the Authority;

• (b) the integration of the functions of the National Cancer Registry and the Irish Health Services Accreditation Board within the functions of the Authority;

• (c) the establishment of appropriate structures and procedures to ensure the proper governance and accountability for the Authority;

• (d) the establishment of procedures to develop a service plan for the Authority, in accordance with any directions which may be issued by the Minister.

• (2) the Interim Authority may carry out, or arrange to have carried out on its behalf, projects for the purpose of evaluating standards and quality, to identify best practice in:

• (a) the provision of health services;

• (b) the collection and use of health information; and

• (c) the assessment of health technology.

6.

• (a) Quality and Fairness: A Health Strategy for You; published by the Government Stationary Office, 2001.

• (b) Audit of Structure and Functions in the Health System; published by the Government Stationary Office, 2003.

• (c) The Commission on Financial Management and Control Systems in the Health Service; published by the Government Stationary Office, 2003, and

• (d) The Health Information — A National Strategy; published by the Government Stationary Office, 2004

7.

• (a) the Medical Council

• (b) the Dental Council

• (c) An Bord Altranais

• (d) the Mental Health Commission

• (e) the Inspector of Mental Health Services

• (f) the Health and Safety Authority

• (g) the Medicines Board

• (h) the Health Research Board

• (i) any body established by law to determine the fitness of a person to practice in any profession, or

• (j) any other body established by the Minister to, investigate or review on his or her behalf, standards of service or care provided by the Health Service Executive or a person providing a service on its behalf.

8.

9.

10.

The Interim Authority

11.

• (2) The term of office of a member of the Interim Authority, including the Chairperson, shall be for a period determined by the Minister, and the Chairperson or member shall hold office for the period for which he or she is appointed, unless he or she dies or resigns by letter addressed to the Minister or ceases to be a member of the Interim Authority in accordance with sub-article 4 of this article.

• (3) A member of the Interim Authority may resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified therein or upon receipt of the letter by the Minister, whichever is the later.

• (4) A member of the Interim Authority may at any time be removed from membership of the Interim Authority by the Minister if, in the Minister's opinion the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Interim Authority of its functions, or if the Minister is satisfied that the member has failed to comply with the provisions of article 18.

• (5) In the event of a casual vacancy arising through the death, resignation or cessation of membership under this article of a member of the Interim Authority the vacancy may be filled by appointment by the Minister and the person so appointed shall hold office as a member of the Interim Authority for the unexpired term of office of the said member.

Meetings and procedures of the Interim Authority

12 (1) The Interim Authority shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in every period of three months.

• (2) The first meeting of the Interim Authority shall be held within one month after the day on which the Interim Authority is established.

• (3) The quorum for a meeting of the Interim Authority shall be five or such greater number of members as the Interim Authority may from time to time determine.

• (4) The Chairperson of the Interim Authority shall preside at all meetings of the Interim Authority at which he or she is present and in the absence of the Chairperson the members present shall elect one of their number to preside at the meeting.

• (5) Each member of the Interim Authority present at a meeting of the Interim Authority shall have a vote.

• (6) Every question at a meeting of the Interim Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the Chairperson or other member presiding at the meeting shall have a second or casting vote.

• (7) Subject to this Order, the Interim Authority shall regulate, by standing orders or otherwise, the procedures and business of the Interim Authority.

• (8) The proceedings of the Interim Authority shall not be invalidated by any vacancy or vacancies amongst its members, or by any defect in the appointment of the Interim Authority or any member thereof.

• (9) The Chairperson may at any reasonable time call a meeting of the Interim Authority.

• (10) If the Chairperson refuses to call a meeting of the Interim Authority, after a requisition for that purpose, signed by not less than three members of the Interim Authority, has been presented to the Chairperson, any three members of the Interim Authority may call a meeting of the Interim Authority.

• (11) If the Chairperson, without refusing to do so, does not, within seven days of the presentation of a requisition for that purpose signed by not less than three members of the Interim Authority, call a meeting of the Interim Authority, any three members of the Interim Authority may call a meeting of the Interim Authority.

Remuneration and expenses of members of Interim Authority.

• (2) A person, appointed to the Interim Authority or a committee of the Interim Authority in accordance with article 14, may be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

Committees of the Interim Authority

• (2) Any committee so appointed shall comply with any directions given to it by the Interim Authority, and any expenditure by it shall be subject to the prior consent of the Interim Authority.

• (3) The Interim Authority may dissolve a committee established under this article.

Chief Executive Officer

• (2) The Chief Executive Officer shall be appointed by the Interim Authority and shall hold office for a term not exceeding five years. Appointment to the position of Chief Executive Officer will be made upon such terms and conditions (other than terms and conditions relating to remuneration, superannuation and allowances for expenses) as the Interim Authority may, with the approval of the Minister determine from time to time.

• (3) The Chief Executive Officer shall carry on and manage and control generally the administration and business of the Interim Authority and perform such other functions as may be determined by the Interim Authority.

• (4) The terms and conditions, relating to remuneration, superannuation and allowances for expenses of the Chief Executive Officer, shall be such as may be determined from time to time by the Minister, with the consent of the Minister for Finance.

• (5) The Chief Executive Officer shall not be a member of the Interim Authority, but may attend at all Interim Authority meetings unless the Interim Authority otherwise decides.

Members of Staff

• (2) Members of staff of the Interim Authority shall be appointed on a contractual basis for such periods as the Interim Authority, with the consent of the Minister and the Minister for Finance may determine.

• (3) The Interim Authority shall, subject to the approval of the Minister with the consent of the Minister for Finance, determine the remuneration and conditions of service (including superannuation) of the members of staff.

• (4) The Interim Authority shall, subject to the approval of the Minister, with the consent of the Minister for Finance, determine the grades of the staff of the Interim Authority and the numbers of the staff in each grade.

• (5) The Chief Executive Officer shall, from time to time, assign such duties as he or she considers appropriate, to each member of staff of the Interim Authority, and each such member of the staff shall perform the duties so assigned.

Directions to the Interim Authority

• (2) The Interim Authority shall furnish to the Minister such information, including reports or statistics in relation to the performance of the functions assigned to it by or under this Order as he or she may request.

Disclosure of Interests

• (a) he or she shall disclose to the Interim Authority through the Chief Executive Officer, or, in the case of the Chief Executive Officer or a member of the Interim Authority through the Chairperson, or, in the case of the Chairperson directly to the Interim Authority the nature of his or her interest in advance of any consideration of the matter,

• (b) he or she shall neither influence nor seek to influence a decision in relation to the matter,

• (c) he or she shall take no part in any consideration of the matter by the Interim Authority, save to such extent as the Chairperson, or where the Chairperson has such an interest a majority of the Interim Authority may permit.

• (2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be failure by him or her to comply with sub-article (1) of this article, the question shall be determined by the Interim Authority and particulars of the determination shall be recorded at the meeting concerned.

• (3) Where a disclosure is made to the Interim Authority, particulars of the disclosure shall be recorded in the minutes of the meeting concerned.

Duty of Non-Disclosure of Information

Financial

20.(1) The Minister may pay to the Interim Authority, in each year out of moneys provided by the Oireachtas, a grant or grants, of such amount or amounts as the Minister may decide as may be sanctioned by the Minister for Finance.

• (2) Within twenty working days of having been notified by letter of its grant or grants for a financial year, the Interim Authority shall submit to the Minister a work plan for the financial year in such terms as the Minister may determine.

• (3) The Interim Authority shall keep all proper and usual accounts of all moneys received or expended by the Interim Authority including an income and expenditure account and balance sheet and, in particular, shall keep all such special accounts as the Minister may from time to time direct.

• (4) The Interim Authority shall prepare annual financial statements in accordance with accounting standards specified by the Minister.

• (5) The financial year of the Interim Authority shall be the period of twelve months ending on the 31st day of December in any year and for the purposes of this provision the period commencing on the date of the making of this Order and ending on the 31st December 2005, shall be deemed to be a financial year.

• (6) The annual financial statement shall be prepared within three months of the end of the previous year for submission to the Comptroller and Auditor General and the audit of these financial statements shall be carried out by the Comptroller and Auditor General in accordance with section 5 of the Comptroller and Auditor General (Amendment) Act, 1993 .

Loans, Purchase and Sale of Land etc

• (2) Any borrowing of moneys by the Interim Authority shall be subject to such terms and conditions (if any) as may be specified by the Minister.

• (3) The Interim Authority may acquire land or buildings subject to the consent of the Minister.

• (4) The Interim Authority,may with the prior consent of the Minister, sell, exchange let or otherwise dispose of any land or buildings vested in it.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation).

The effect of this Order is to establish under the Health (Corporate Bodies) Act, 1961 as amended by section 22 of the Health (Amendment) (No.3) Act, 1996 a body known as the Interim Health Information and Quality Authority, or in the Irish language, An tÚdarás Eatramhach um Fhaisnéis agus Caighdeán Sláinteas, which will prepare a plan for the establishment of a Health Information and Quality Authority that will promote standards, quality improvement and assurance programms, accreditation within the health service, carry out health information functions assigned in the National Health Information Strategy and develop capacity to undertake health technology assessment.