Children's Health Act 2018

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Children’s Health Act 2018.

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

2. Interpretation

2. In this Act—

“Board”, other than in Part 9, means the Board referred to in section 12;

“company” has the meaning it has in the Companies Act 2014;

“Crumlin Hospital” means Our Lady’s Children’s Hospital, Crumlin;

“establishment day” means the day appointed under section 4;

“Executive” means the Health Service Executive;

“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) [^1]

“hospital” means the premises and services under the governance of the body established under section 5;

“medical records” means records created, used and stored principally for the purposes of patient care and treatment containing data concerning health or genetic data within the meaning of the General Data Protection Regulation and any associated biological materials;

“Minister” means the Minister for Health;

“subsidiary” means a subsidiary within the meaning of section 7 of the Companies Act 2014;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“Tallaght Hospital” means the Adelaide and Meath Hospital, Dublin, incorporating the National Children’s Hospital;

“Temple Street Hospital” means the Children’s University Hospital.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2 Establishment and Functions of Children’s Health Ireland

4. Establishment day

4. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

5. Establishment of Children’s Health Ireland

5. (1) There shall stand established on the establishment day a body, which shall be known as Children’s Health Ireland, to perform the functions conferred on it by or under this Act.

(2) Children’s Health Ireland shall be a body corporate with perpetual succession and an official seal and shall have the power to sue and may be sued in its corporate name.

6. Object and functions

6. (1) The object of Children’s Health Ireland is to improve, promote and protect the health, mental health and well-being of children in a manner that embodies the values of child-centred, compassionate and progressive care provided with respect, excellence and integrity and in doing so it shall have the right and responsibility to promote the culture and traditional principles of voluntarism in the conduct of its internal and external affairs.

(2) Children’s Health Ireland shall have the following functions:

(a) to plan, conduct, maintain, manage, provide and develop paediatric services in the hospital;

(b) to provide for patient safety and quality of patient care in the hospital;

(c) to promote excellence in the practice and provision of paediatric services and provide leadership in the advancement, development, organisation and delivery of paediatric services in an integrated clinical network for paediatric services;

(d) to facilitate, foster and promote, through educational and other programmes, the personal and professional development of its employees and to provide paediatric medical, nursing and health and social care professional training and education;

(e) to facilitate, foster, promote and carry out research and innovation aimed at improving paediatric services and advancing medical and scientific knowledge relating to paediatric services through research and scientific investigation and inquiry;

(f) to provide information, advice, advocacy, and assistance in relation to paediatric services to the Minister, the Executive, the Health Information and Quality Authority, and such other persons as have involvement in the provision of paediatric services, as may be necessary;

(g) to advocate on behalf of children and young people about healthcare issues;

(h) to engage in or support fundraising and philanthropy in relation to Children’s Health Ireland and the provision of paediatric services in the hospital in pursuit of the object of Children’s Health Ireland;

(i) to carry out such other functions as are necessary to provide paediatric services in the hospital.

(3) In the performance of its functions, Children’s Health Ireland shall have regard to—

(a) the objectives of the public health system and the role of Children’s Health Ireland within that system,

(b) the promotion of equity of access to paediatric services and of improved patient outcomes in the hospital,

(c) the need to secure the most beneficial, effective and efficient use of the resources available to it, and

(d) the views of children and young people in the development and delivery of services to them in hospital.

(4) Children’s Health Ireland shall have all such powers as are necessary or expedient for the performance of its functions.

7. Policy directions and guidelines

7. Children’s Health Ireland shall have regard to Government policy to the extent that it may affect or relate to its functions and shall comply with any policy direction or guidelines that may from time to time be notified to it by the Minister.

8. Subsidiaries, partnerships and other matters

8. (1) Children’s Health Ireland may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, for the purposes of—

(a) managing relationships with multiple academic partners,

(b) pursuing philanthropic activities,

(c) pursuing fund raising activities, and

(d) such other purposes, relating to the functions of Children’s Health Ireland, as the Minister may approve,

form and establish or acquire one or more subsidiaries, partnerships, joint ventures or other corporate vehicles.

(2) Children’s Health Ireland or a subsidiary may, either by itself or with another person, with the approval of the Minister given with the prior consent of the Minister for Public Expenditure and Reform, promote and take part in the formation or establishment of a company, or enter into a joint venture, partnership or other corporate vehicle, for the purposes referred to in subsection (1).

(3) Children’s Health Ireland may, with the approval of the Minister given with the prior consent of the Minister for Public Expenditure and Reform, acquire, hold and dispose of shares or other interests in a company, or become a member of a company.

(4) The constitution of a subsidiary shall be in such form consistent with this Act as may be determined by the Board with the approval of the Minister, given with the prior consent of the Minister for Public Expenditure and Reform.

(5) (a) A subsidiary, partnership, joint venture or other such corporate vehicle, referred to in subsection (1), shall make such reports to the Board in such manner as the Board may require.

(b) The Board shall make such reports on the operation of any subsidiaries, partnerships, joint ventures or other corporate vehicles as the Minister may request in such form as the Minister may require.

9. Land, property, gifts and borrowing

9. (1) Children’s Health Ireland has power—

(a) with the approval of the Executive, to acquire, hold and dispose of land or an interest in land,

(b) to acquire, hold and dispose of any other property,

(c) to borrow money for capital or current purposes, for the purpose of the performance of its functions, and with the prior approval of the Executive and the consent of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, subject to such conditions, if any, as may be imposed by the Executive, the Minister and the Minister for Public Expenditure and Reform or the Minister for Finance, and

(d) to accept gifts of money, land or other property on such trusts or conditions as may be specified by the donor but may not accept such gifts if the conditions attaching to such gifts are inconsistent with its object or functions.

(2) In relation to any gift made on or after the commencement of Part 5, 6 or 7, references in such a gift to Crumlin Hospital, Temple Street Hospital or in respect of the paediatric services provided at Tallaght Hospital, shall be construed as references to Children’s Health Ireland.

10. Accounts

10. (1) The Board shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of Children’s Health Ireland,

(b) the source of the income and the subject matter of the expenditure, and

(c) the property, assets and liabilities of Children’s Health Ireland.

(2) The Board shall, in respect of each financial year, cause to be prepared annual financial statements (including accounts of income and expenditure and of assets and liabilities of Children’s Health Ireland).

(3) The annual financial statements shall be presented in such form and for such financial years as the Minister may, with the consent of the Minister for Public Expenditure and Reform, specify.

(4) Without prejudice to the generality of subsection (1), the Board will also keep such special accounts as the Minister may direct.

(5) The annual financial statements shall be submitted to the Comptroller and Auditor General for audit as soon as practicable and, in any event, not later than 3 months after the end of the financial year to which the accounts relate.

(6) Not later than one month after the Comptroller and Auditor General issues an audit certificate for the accounts of Children’s Health Ireland, a copy of the accounts and of the report of the Comptroller and Auditor General on the accounts shall be presented to the Minister, who, within 2 months after their receipt, shall cause copies to be laid before each House of the Oireachtas.

(7) If required by the Minister, Children’s Health Ireland shall furnish to the Minister the information the Minister may require in respect of any balance sheet, account or report of Children’s Health Ireland.

(8) The Board, the Chief Executive Officer and other employees of Children’s Health Ireland—

(a) shall, when requested to do so by the Minister, permit any person appointed by the Minister to examine the books or other records of account of Children’s Health Ireland in respect of any financial year or other period, and

(b) shall facilitate the examination.

(9) Children’s Health Ireland shall pay such fee, if any, as may be fixed by the Minister for an examination referred to in subsection (8).

11. Annual report

11. (1) Children’s Health Ireland shall, not later than—

(a) 31 May following the first complete calendar year after the establishment day, prepare and adopt a report (in this section referred to as the “annual report of Children’s Health Ireland”) in relation to the performance of its functions during the period since its establishment, and

(b) 31 May in each subsequent year, prepare and adopt a report (in this section also referred to as the “annual report of Children’s Health Ireland”) in relation to the performance of its functions during the preceding calendar year.

(2) As soon as may be, but in any event not later than 21 days after adopting the annual report, Children’s Health Ireland shall submit a copy of the annual report to the Minister.

(3) The Minister shall cause a copy of the annual report to be laid before each House of the Oireachtas not later than 21 days after it has been submitted to him or her in accordance with this section.

PART 3 Board of Children’s Health Ireland

12. Board of Children’s Health Ireland

12. (1) Children’s Health Ireland shall have a board consisting of 12 members of whom one shall be the chairperson.

(2) The chairperson and ordinary members of the Board shall be appointed by the Minister.

(3) Persons appointed to the Board shall be persons who have, in the opinion of the Minister, experience or expertise in matters connected to the functions of Children’s Health Ireland or to corporate governance and management generally.

(4) The Board shall—

(a) ensure that the object of Children’s Health Ireland is fulfilled and that its functions are performed efficiently, effectively and to the highest standards,

(b) set the strategic objectives of Children’s Health Ireland consistent with the object and functions of Children’s Health Ireland,

(c) ensure that the appropriate systems and procedures are in place to achieve Children’s Health Ireland’s strategic objectives, fulfil its object and perform its functions.

(5) In performing its functions, the Board shall act in utmost good faith with care, skill and diligence.

(6) The Board may delegate to the Chief Executive Officer the day-to-day running of Children’s Health Ireland and any of its functions which it considers should be carried out by the Chief Executive Officer and the Board shall be responsible for monitoring, approving or reviewing performance of such functions by the Chief Executive Officer.

(7) Where a function of the Board is delegated to the Chief Executive Officer under subsection (6), the delegation shall remain in force until revoked by the Board.

(8) The Board shall provide such information relating to the performance of its functions as may be requested by the Minister.

13. Membership of Board on establishment day

13. (1) On the establishment day—

(a) the chairperson and ordinary members of the Children’s Hospital Group Board shall be appointed by the Minister to be the chairperson and ordinary members of the Board,

(b) where there are fewer than 11 ordinary members of the Children’s Hospital Group Board or there is no chairperson of that Board, the Minister shall appoint a person to fill the vacancy on the Board on, or as soon as possible after, the establishment day.

(2) Members of the Board appointed under subsection (1) shall hold office as follows:

(a) the chairperson shall hold office for a term of 5 years from the date of his or her appointment;

(b) 5 ordinary members shall hold office for a term of 5 years from the date of appointment;

(c) 6 ordinary members shall hold office for a term of 3 years from the date of appointment.

(3) It shall be determined by lot, drawn at the first meeting of the Board in such manner as the Board may determine, which ordinary members of the Board shall hold office for the period specified in subsection (2)(b) and which ordinary members of the Board shall hold office for the period specified in subsection (2)(c).

(4) The Minister shall fix the time, date and place of the first meeting of the Board to be held after the establishment day.

(5) In this section “Children’s Hospital Group Board” means the non-statutory board appointed by the Minister and in place immediately before the establishment day.

14. Subsequent Board

14. (1) Appointments of members to the Board after the establishment day (other than appointments made in accordance with sections 13 and 18) shall be made by the Minister, after consultation with the chairperson of the Board as to the experience and expertise required by the Board, and such members shall hold office for a term not exceeding 4 years.

(2) Where vacancies caused by the effluxion of time occur on the Board, the Minister shall appoint 6 persons to be members of the Board, 4 of whom shall be appointed on the nomination of the Board and 2 of whom shall be chosen by the Minister.

(3) The members of the Board appointed by the Minister on the nomination of the Board shall not exceed 8 persons at any time.

(4) Persons nominated by the Board to the Minister for appointment to be members of the Board shall be selected by a process approved by the Board with the consent of the Minister.

(5) The members of the Board shall, where the office of chairperson is vacant, elect from among the members a person to be nominated for appointment by the Minister to be chairperson of the Board.

(6) The Minister shall, where the Minister approves of a nomination made in accordance with subsection (5), appoint the person nominated by the Board.

(7) A person appointed in accordance with subsection (6) shall serve for the unexpired period of his or her term of office as a member of the Board or for such period, not exceeding 4 years, as the Minister considers appropriate.

(8) The Board and the Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Board there is an equitable balance between men and women.

(9) A member of the Board whose term of office expires or is about to expire by the effluxion of time is, subject to subsection (10), eligible for reappointment to the Board.

(10) A person may not be a member of the Board for more than 2 consecutive terms but is otherwise eligible for reappointment.

(11) A person shall not be eligible for membership of the Board if the person is an employee of Children’s Health Ireland.

15. Casual vacancies

15. (1) Subject to subsection (3), where a member of the Board dies, resigns, or ceases to hold office for any reason, the Minister shall appoint a person to fill the resulting casual vacancy so occasioned in the same manner as the member who occasioned the casual vacancy was appointed.

(2) A person who fills or occasions a casual vacancy shall be considered to have served a term as a member of a Board even though he or she will have served only part of a term.

(3) A casual vacancy arising on the Board appointed under section 13 or on a Board appointed under section 18, shall be filled on the nomination of the Board alternating with a person chosen by the Minister, beginning with a nomination of the Board and subject to there being no more than 4 persons chosen by the Minister on the Board.

16. Meetings of Board

16. (1) The Board shall hold such and so many meetings as are necessary for the performance of its functions and shall hold no less than 6 meetings in each period of 12 months.

(2) The chairperson may at any reasonable time call a meeting of the Board.