Select Committee on Social Affairs debate -
Thursday, 19 Sep 1996

SECTION 12.

Mr. Noonan (Limerick East)

I move amendment No. 4:

In page 9, subsection (1), line 7, after "any" to insert "one or more".

This is a technical amendment the purpose of which is to ensure that the word "any" in subsection (1) when referring to the functions of a health board is not interpreted as meaning "all". I want the Minister to have the power to intervene where he or she is satisfied that a health board is not performing any one or more of its functions and would not be confined to intervening where, in the view of the Minister, the health board was not performing its functions at all. It is to remove an ambiguity in the original wording. There is a possibility that the current draft could be interpreted as restricting the Minister's powers to instances where a board is failing to perform all of its functions.

Amendment agreed to.

Mr. Noonan (Limerick East)

I move amendment No. 5:

In page 9, subsection (1), line 9, before "functions" to insert "reserved".

This is another technical amendment. Its purpose is to clarify that the power to transfer the functions of a health board applies to the reserve functions of the members of the board, for example, where a health board has failed to adopt a service plan. The power to transfer the functions of a health board is intended as a measure of last resort. I hope this power will never have to be invoked and that any difficulties that might arise can be resolved without resorting to the provisions of this section.

Amendment agreed to.

Section 12, as amended, agreed to.

Section 13 agreed to.