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Dáil Éireann debate -
Wednesday, 20 Nov 1985

Vol. 361 No. 12

Ceisteanna — Questions. Oral Answers. - Section 31 Orders.

50.

asked the Minister for Health if he has issued section 31 orders to the health boards and how he proposes to implement them.

I have determined limits for expenditure by each health board in 1985 in pursuance of section 31(1) of the Health Act, 1970. A copy of the relevant document specifying the approved limits has been sent to each health board.

The limits are subject to adjustment in respect of expenditure arising from certain approved pay increases which are not covered in the limits already specified, and in respect of the expenses of the General Medical Services (Payments) Board.

Compliance with the approved limits is the statutory responsibility of the health boards.

What are the Minister's intentions regarding the way in which these section 31 orders will be implemented? In other words, will the health boards be in a position to fulfil their statutory obligation to provide services if they do not have the money to provide them and will staff be paid at the end of this year?

The health boards were told during the year that all of their expenditure would have to be in accordance with section 31. The Deputy knows the consequences of failure to adhere to that, consequences that could include the removal from office of members of a health board right down the line. The same applies to a CEO. If he acts outside the bounds of the section he can be suspended or removed from office under section 31 of the Health Act, 1970. That is one of the main reasons for our not having had any supplementary budget for health during the past three years. We are all living within our budgets.

It is easy to avoid a supplementary estimate for health if the service is not provided. Does the Minister expect the health boards not to provide their statutory services and will he accept that those health boards who do not have the moneys they require are not in a position to borrow because of the section 31 order? Does the Minister expect them to refuse to pay their staff at the end of this year or does he intend to remove members of the boards from office?

I do not know of any health boards who are not providing a statutory service that they are required to provide. Early this year the health boards told me that, if they did not get between £25 million and £30 million, they would not be able to provide the services they are obliged to provide but, in the event, they have provided these services. The Southern Health Board said they would be short to the tune of £9 million but it transpires that they may be short by £500,000. The health board in the Deputy's area, for instance, will practically break even.

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