Health Service Executive (Governance) Act 2013

PART 1 Preliminary Matters

1.. Short title, collective citation, construction and commencement.

1.— (1) This Act may be cited as the Health Service Executive (Governance) Act 2013.

(2) The Health Acts 1947 to 2011 and this Act may be cited together as the Health Acts 1947 to 2013 and shall be construed together as one.

(3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2.. Definitions.

2.— In this Act—

“Act of 2004” means the Health Act 2004;

“Minister” means the Minister for Health.

3.. Repeals.

3.— Parts 3 and 4, and sections 68 and 69, of the Act of 2004 are repealed.

PART 2 Amendment of Health Act 2004

4.. Amendment of section 2 of Act of 2004.

4.— Section 2(1) of the Act of 2004 is amended by inserting the following:

“ ‘appointed director’ means a member of the Directorate appointed under section 16A;

‘Directorate’ means the Directorate established under section 16A;

‘Director General’ means the person holding the office ofDirector General appointed pursuant to section 16E;”.

5.. Amendment of section 10 of Act of 2004.

5.— Section 10 of the Act of 2004 is amended—

(a) by substituting the following for subsection (1):

“(1) The Minister may issue general written directions to the Executive—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister, or

(c) concerning the implementation of any policy or objective of the Minister or the Government which relates to a function of the Executive, where the Minister is of the opinion that the Executive is not having sufficient regard to such policy or objective in the performance of its functions.”,

and

(b) by inserting the following subsection after subsection (6):

“(7) The Director General shall inform the Minister of the measures taken by the Executive to comply with a direction issued under this section and such information shall be furnished to the Minister within such period as may be specified by the Minister.”.

6.. Insertion of sections 10A and 10B in Act of 2004.

6.— The Act of 2004 is amended by inserting, after section 10, but in Part 2, the following new sections:

“Setting of priorities by Minister.

10A.— (1) Subject to subsections (2) to (4), the Minister may specify—

(a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

(b) performance targets for the Executive in respect of such priorities.

(2) The Minister shall consult with the Minister for Children and Youth Affairs before specifying priorities or performance targets in respect of functions of the Executive which relate to the functions of the Minister for Children and Youth Affairs.

(3) The Minister shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(4) Before specifying priorities or performance targets under this section the Minister shall have regard to—

(a) best practice as respects the service the subject of the priority or performance target,

(b) outcomes for patients and recipients of services likely to be affected by the priority or performance target which the Minister is considering specifying, and

(c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(5) In this section ‘performance targets’ means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister.

Limitation as to exercise of powers under sections 10 and 10A.

10B.— The Minister shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects—

(a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

(b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,

(d) any function of the Executive that has been specified in an enactment to be a function of the Director General relating to functions referred to in paragraphs (a) to (c).”.

7.. Insertion of Part 3A in Act of 2004.

7.— The Act of 2004 is amended by inserting the following Part after Part 3:

“PART 3A

DIRECTORATE AND DIRECTOR GENERAL OF HEALTH SERVICE EXECUTIVE

Directorate of Executive.

16A.— (1) The Executive shall have a Directorate consisting of—

(a) the person holding the position of the Director General, and

(b) subject to subsection (2), such other number of directors (in this Act referred to as ‘appointed directors’) as the Minister may appoint in accordance with this Act.

(2) Subject to section 16K(10), the number of persons standing appointed to the Directorate as appointed directors at any time shall not be fewer than 2 and shall not be greater than 8.

(3) A person may not be appointed as an appointed director unless he or she is a person who is an employee of the Executive holding the grade of national director or other grade in the Executive which is not less senior than the grade of national director.

(4) An appointed director shall hold office as a member of the Directorate on such terms and conditions as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(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.

Term of office of appointed director.

16B.— (1) Subject to this Act, a person appointed as an appointed director shall hold office as a member of the Directorate for a term of 3 years.

(2) An appointed director may be re-appointed by the Minister for a second or subsequent term of office.

(3) An appointed director may resign from office as a member of the Directorate by letter addressed to the Minister, and the resignation shall have effect on the later of—

(a) the day specified in the letter, or

(b) on the receipt of the letter by the Minister.

(4) Upon an appointed director ceasing to be employed by the Executive in a grade referred to in section 16A(3), that person shall cease to be an appointed director.

Role of Directorate.

16C.— (1) The Directorate is the governing body of the Executive with authority, in the name of the Executive, to perform the functions of the Executive.

(2) Subject to any directions that may be issued by the Minister under subsection (8), the Directorate may delegate to the Director General any of the Executive’s functions.

(3) If a function of the Executive is delegated to the Director General under subsection (2), the delegation shall remain in force until the Directorate revokes the delegation.

(4) The Directorate shall notify the Minister in writing of any delegation made under subsection (2) and of any revocation of such delegation.

(5) The Directorate is accountable to the Minister for the performance of its functions and those of the Executive and the Director General shall account to the Minister on behalf of the Directorate for the performance by the Directorate of its functions and those of the Executive.

(6) The Director General shall account to the Minister pursuant to subsection (5) through the Secretary General of the Department of Health.

(7) The Directorate shall inform the Minister of any matter which it considers should be brought to the attention of the Minister.

(8) The Minister may issue a direction to the Directorate in relation to the delegation of the Executive’s functions to the Director General.

Appointed directors — eligibility for appointment and removal from office.

16D.— (1) A person shall not be eligible for appointment as an appointed director if the person:

(a) is regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

(b) is a member of a local authority,

(c) has been convicted on indictment of an indictable offence, or

(d) has been convicted of an offence involving dishonesty.

(2) A person shall cease to be an appointed director if that person—

(a) is elected as a member of either House of the Oireachtas or of the European Parliament,

(b) is nominated as a member of Seanad Éireann,

(c) is regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

(d) becomes a member of a local authority,

(e) is convicted on indictment of an indictable offence, or

(f) is convicted of an offence involving dishonesty.

(3) The Minister may at any time remove an appointed director from office as a member of the Directorate if—

(a) in the Minister’s opinion, the person has become incapable through ill-health of effectively performing his or her duties as an appointed director,

(b) in the Minister’s opinion, the appointed director has committed stated misbehaviour,

(c) the removal of the person as an appointed director appears to the Minister to be necessary for the Directorate to perform its functions in an effective manner,

(d) in performing functions as appointed director the appointed director has contravened section 25(1) or 26 or an applicable provision of the Ethics in Public Office Act 1995, or

(e) in performing functions as an appointed director the person has failed to comply with a code of conduct drawn up pursuant to section 10(3) of the Standards in Public Office Act 2001 and which relates to the appointed director.

(4) In this section ‘applicable provision of the Ethics in Public Office Act 1995’, in relation to an appointed director, means a provision of that Act that by virtue of a regulation made under section 3 of that Act applies to the appointed director.

Appointment of Director General.

16E.— (1) The Director General shall be appointed by the Minister.

(2) Subject to subsection (4), a person appointed as Director General shall be recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004.

(3) A person appointed as Director General shall hold office on such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(4) Subsection (2) does not apply to the appointment of the first Director General.

Eligibility for appointment as Director General.

16F.— (1) A person shall not be eligible for appointment as Director General if the person—

(a) is a member of either House of the Oireachtas or of the European Parliament,

(b) is regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

(c) is a member of a local authority,

(d) has been convicted on indictment of an indictable offence, or

(e) has been convicted of an offence involving dishonesty.

(2) A person shall cease to hold the office of Director General if that person—

(a) is elected as a member of either House of the Oireachtas or of the European Parliament,

(b) is nominated as a member of Seanad Éireann,

(c) is regarded, pursuant to section 19 of the European Parliament Elections Act 1997, as having been elected to the European Parliament to fill a vacancy,

(d) becomes a member of a local authority,

(e) is convicted on indictment of an indictable offence, or

(f) is convicted of an offence involving dishonesty.

(3) The Minister may at any time remove the Director General from office if—

(a) in the Minister’s opinion, that person has become incapable through ill-health of effectively performing his or her duties as Director General,

(b) in the Minister’s opinion, the Director General has committed stated misbehaviour,

(c) the removal of the Director General appears to the Minister to be necessary for the Executive to perform its functions in an effective manner,

(d) in the Minister’s opinion, the Director General has consistently failed to have regard to requirements in relation to his or her functions under this Act,

(e) the Director General has contravened section 25(1) or 26 or an applicable provision of the Ethics in Public Office Act 1995, or

(f) in performing his or her functions as Director General the person has failed to comply with a code of conduct drawn up pursuant to section 10(3) of the Standards in Public Office Act 2001 and which relates to the Director General.

(4) In this section ‘applicable provision of the Ethics in Public Office Act 1995’ in relation to the Director General, means a provision of that Act that by virtue of a regulation made under section 3 of that Act applies to the Director General.

General functions of Director General.

16G.— (1) In addition to his or her functions as a member of the Directorate and as the chairperson of the Directorate, the Director General shall—

(a) carry on, manage and control generally the administration and business of the Executive,

(b) perform such other functions as may be delegated to him or her by the Directorate under section 16C,

(c) perform such other functions as may be assigned to him or her under this Act or any other enactment.

(2) Subject to subsection (3), the Director General shall be responsible to the Directorate for the performance of his or her functions under paragraphs (a) to (c) of subsection (1) and for the implementation of the Directorate’s policies.

(3) Subsection (2) does not apply to the Director General’s functions as a member of the Directorate or as chairperson of the Directorate.

(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.

Delegation of functions by Director General.

16H.— (1) Subject to any directions that may be issued by the Directorate, the Director General may—

(a) delegate in writing any of his or her functions under section 16G to employees of the Executive specified by name, grade, position or otherwise, and

(b) where and to the extent specified in a delegation made under paragraph (a), authorise the subdelegation of any or all of the functions delegated under paragraph (a) to or by other employees of the Executive.

(2) Any function delegated or subdelegated under this section to an employee is to be performed by the employee under the general direction and control of the Director General and in compliance with such directions, limitations and guidelines as may be specified by—

(a) in the case of a delegated function, the Director General, or

(b) in the case of a subdelegated function, the employee who subdelegated that function.

(3) The delegation or subdelegation of a function does not preclude the Director General from performing the function.

(4) The Director General may—

(a) vary any delegation or subdelegation of a function made under this section, including by modifying the geographical area to which the delegation or subdelegation relates,

(b) revoke such delegation, or

(c) without revoking the delegation, revoke any subdelegation of the function.

(5) On varying or revoking the delegation or subdelegation of a function, the Director General shall inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

(6) An employee of the Executive who subdelegates a function delegated or subdelegated to the employee under this section—

(a) may vary the subdelegation, including by modifying the geographical area to which it relates,

(b) may revoke the subdelegation, and

(c) is not precluded from performing the function.