Health (Miscellaneous Provisions) Act 2022

PART 1 Preliminary And General

1. Short title and commencement

1. (1) This Act may be cited as the Health (Miscellaneous Provisions) Act 2022.

(2) This Act shall come into operation on such day or days as the Minister for Health, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, 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 different provisions.

2. Definitions

2. In this Act—

“Act of 2005” means the Disability Act 2005;

“Act of 2007” means the Health Act 2007;

“Principal Act” means the Health Act 2004.

PART 2 Amendment of Principal Act

3. Amendment of section 2 of Principal Act

3. Section 2(1) of the Principal Act is amended, by the insertion of the following definitions:

“‘disability’ means disability as defined in section 2 of the Disability Act 2005 and the term ‘substantial restriction’ in that definition shall be construed as meaning a restriction as described in section 7(2) of that Act;

‘specialist community-based disability services’ means any health or personal social services, provided by or on behalf of the Executive under this Act or any other enactment, in the community to a person who has a disability, and so provided in relation to that disability, other than any such services provided—

(a) under the Mental Health Acts 1945 to 2001, or

(b) in a hospital;

‘specialist community-based disability services functions’ means the management and delivery, or arrangement of delivery on its behalf, by the Executive, of specialist community-based disability services;”.

4. Amendment of section 5 of Principal Act

4. Section 5 of the Principal Act is amended by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth” after “incurred by the Minister”.

5. Amendment of section 7 of Principal Act

5. Section 7(4) of the Principal Act is amended—

(a) in paragraph (b), by the deletion of “and” at the end of that paragraph,

(b) in paragraph (c), by the substitution of “as the Minister may request, and” for “as the Minister may request.”, and

(c) by the insertion of the following paragraph after paragraph (c):

“(d) provide advice to the Minister for Children, Equality, Disability, Integration and Youth in relation to its specialist community-based disability services functions as that Minister may request.”.

6. Amendment of section 10AA of Principal Act

6. Section 10AA of the Principal Act is amended—

(a) in subsection (1), by the insertion of “or section 10C(2)(c) ” after “section 10(2)(c)”,

(b) in subsection (2), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions” after “the Minister”,

(c) by the insertion of the following subsection after subsection (3):

“(3A) (a) The Minister for Children, Equality, Disability, Integration and Youth shall consult with the Minister for Public Expenditure and Reform before issuing a direction under section 10C(2)(c).

(b) Paragraph (a) shall not be construed to prevent the Minister for Children, Equality, Disability, Integration and Youth from consulting with any other person (including the Executive or another Minister of the Government) before issuing a direction under section 10C(2)(c).”,

(d) in subsection (4), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in the direction concerned under section 10C(2)(c)” after “section 10(2)(c)”,

(e) by the insertion of the following subsection after subsection (5):

“(5A) (a) Within one month after receiving a report under subsection (4), the Minister for Children, Equality, Disability, Integration and Youth shall—

(i) approve the report, or

(ii) if the Minister for Children, Equality, Disability, Integration and Youth is not satisfied with the report, issue a supplementary direction under section 10C(2)(c) in relation to revisions to be made to the report which, when complied with by the Executive, should, in the opinion of the Minister for Children, Equality, Disability, Integration and Youth, remedy the deficiencies in the report.

(b) Where paragraph (a)(ii) applies, section 10C(2)(c) and the other provisions of this section (including paragraph (a)) shall be construed with all necessary modifications to take account of the supplementary direction concerned under section 10C(2)(c).”,

(f) in subsection (6)—

(i) by the insertion of “or subsection (5A)(a)(i)” after “subsection (5)(a)(i)”, and

(ii) by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth, as the case may be,” after “the Minister”,

and

(g) in subsection (7)—

(i) by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in so far as it relates to the performance of the Executive’s specialist community-based disability services functions” after “The Minister”, and

(ii) by the substitution of “either Minister” for “he or she”.

7. Directions from Minister for Children, Equality, Disability, Integration and Youth

7. The Principal Act is amended by the insertion of the following section after section 10B:

“10C. (1) The Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, issue general written directions to the Executive or the Board—

(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 for Children, Equality, Disability, Integration and Youth, or

(c) concerning the implementation of any policy or objective of the Minister for Children, Equality, Disability, Integration and Youth or the Government which relates to a specialist community-based disability service function of the Executive, where the Minister for Children, Equality, Disability, Integration and Youth is of the opinion that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of its specialist community-based disability services functions.

(2) In addition, the Minister for Children, Equality, Disability, Integration and Youth may issue specific written directions to the Executive concerning the submission to him or her, in such manner and within such period as he or she may specify, of—

(a) reports on any matter relating to Part 7 in so far as those reports relate to specialist community-based disability services or relating in any other way to the performance of the Executive’s specialist community-based disability services functions, even though such reports are the subject of a direction under subsection (1),

(b) any information or statistics relating to the performance of the Executive’s specialist community-based disability services functions, or

(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8) ), in so far as such an assessment relates to specialist community-based disability services, to be implemented by the Executive in the service plan prepared in accordance with section 31.

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister for Children, Equality, Disability, Integration and Youth by any other provision of this Act.

(4) The Minister for Children, Equality, Disability, Integration and Youth may, by written direction, amend or revoke any direction issued by him or her under this Act.

(5) The Executive or the Board, as applicable, shall comply with a direction issued by the Minister for Children, Equality, Disability, Integration and Youth under this Act.

(6) The Minister for Children, Equality, Disability, Integration and Youth shall ensure that, within 21 days after issuing a direction under subsection (1) or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1), a copy of the direction is laid before both Houses of the Oireachtas.

(7) The chairperson shall inform the Minister for Children, Equality, Disability, Integration and Youth of the measures taken by the Executive or the Board, as applicable, to comply with a direction issued under this section and such information shall be furnished to the Minister for Children, Equality, Disability, Integration and Youth within such period as may be specified by him or her.”.

8. Setting of priorities by Minister for Children, Equality, Disability, Integration and Youth

8. The Principal Act is amended by the insertion of the following section after section 10C:

“10D. (1) Subject to subsections (2) to (4), the Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, 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) specialist community-based disability services performance targets for the Executive in respect of such priorities.

(2) The Minister for Children, Equality, Disability, Integration and Youth 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.

(3) Before specifying priorities or performance targets under this section, the Minister for Children, Equality, Disability, Integration and Youth 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 that the Minister for Children, Equality, Disability, Integration and Youth 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.

(4) In this section, ‘specialist community-based disability services 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 for Children, Equality, Disability, Integration and Youth.”.

9. Limitation as to exercise of powers under sections 10C and 10D

9. The Principal Act is amended by the insertion of the following section after section 10D:

“10E. The Minister for Children, Equality, Disability, Integration and Youth shall not give a direction under section 10C, or specify a priority or performance target under section 10D, as respects—

(a) any function of the Executive relating to the provision of treatment or a specialist community-based disability 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 specialist community-based disability 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 specialist community-based disability service by or on behalf of the Executive to a particular person or concerning the amount of such charge, or

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

10. Amendment of section 16N of Principal Act

10. Section 16N of the Principal Act is amended—

(a) in subsection (2)—

(i) in paragraph (a), by the substitution of “shall be appointed by the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” for “shall be appointed by the Minister”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) At least 2 of the persons appointed under paragraph (a) shall be persons who, in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, have experience of, or expertise in, advocacy in relation to matters affecting patients or recipients of services from or on behalf of the Executive.”,

and

(iii) in paragraph (d), by the substitution of “in the opinion of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” for “in the opinion of the Minister,”,

(b) in subsection (3), by the substitution of “The Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall” for “The Minister shall”,

(c) in subsection (4), by the substitution of “as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine” for “as the Minister shall determine”,

(d) in subsection (5), by the substitution of “as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine” for “as the Minister shall determine”,

(e) in subsection (6), by the substitution of “as the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, shall determine” for “as the Minister shall determine”,

(f) in subsection (10), by the substitution of “sent to the Minister and notified to the Minister for Children, Equality, Disability, Integration and Youth” for “sent to the Minister”, and

(g) in subsection (11), by the substitution of “The Minister, after notifying the Minister for Children, Equality, Disability, Integration and Youth, shall” for “The Minister shall”.

11. Amendment of section 16O of Principal Act

11. Section 16O of the Principal Act is amended—

(a) in subsection (1), by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister”, and

(b) in subsection (2), by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister”.

12. Amendment of section 16P of Principal Act

12. Section 16P of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (3):

“(3) The Board is accountable—

(a) to the Minister for the performance of its functions under subsections (1) and (2), other than in so far as those functions relate to specialist community-based disability services functions under those subsections, and

(b) to the Minister for Children, Equality, Disability, Integration and Youth for the performance of its functions under subsections (1) and (2) in so far as those functions relate to the performance by the Executive of its specialist community-based disability services functions under those subsections.”,

(b) by the substitution of the following subsection for subsection (6):

“(6) (a) The Board shall notify the Minister in writing of any delegation made under subsection (4) and of any revocation of such delegation other than the extent to which any delegation relates to a specialist community-based disability services function of the Executive.

(b) The Board shall notify the Minister for Children, Equality, Disability, Integration and Youth of any delegation made under subsection (4) and of any revocation of such delegation to the extent to which the delegation relates to a specialist community‑based disability services function of the Executive.”,

and

(c) by the substitution of the following subsection for subsection (7):

“(7) The Board shall inform the Minister or the Minister for Children, Equality, Disability, Integration and Youth in writing of any matter that it considers requires the attention of the Minister concerned.”.

13. Amendment of section 16R of Principal Act

13. Section 16R of the Principal Act is amended—

(a) in subsection (1), by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister” where it first occurs, and

(b) in subsection (3), by the substitution of “demonstrates to the satisfaction of the Minister, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” for “demonstrates to the Minister’s satisfaction”.

14. Amendment of section 16S of Principal Act

14. Section 16S of the Principal Act is amended—

(a) in subsection (1)—

(i) by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister” where it first occurs,

(ii) in paragraph (c), by the insertion of “or the Minister for Children, Equality, Disability, Integration and Youth in so far as (in the case of that last‑mentioned Minister) such a direction relates to the performance by the Executive of its specialist community-based disability services functions” after “the Minister”, and

(iii) in paragraph (d), by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “the Minister”,

and

(b) in subsection (2)—

(i) by the insertion of “, after consultation with the Minister for Children, Equality, Disability, Integration and Youth,” after “The Minister”, and

(ii) in paragraph (b), by the insertion of “and the Minister for Children, Equality, Disability, Integration and Youth” after “the Minister”.

15. Amendment of section 16U of Principal Act

15. Section 16U(1) of the Principal Act is amended by the substitution of “The Minister, may, after consultation with the Minister for Children, Equality, Disability, Integration and Youth, and with the consent of the Minister for Public Expenditure and Reform” for “The Minister may, with the consent of the Minister for Public Expenditure and Reform”.

16. Amendment of section 21A of Principal Act