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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 3 March 2004

Wednesday, 3 March 2004

Questions (35)

Thomas P. Broughan

Question:

105 Mr. Broughan asked the Minister for Health and Children the legislation planned arising from the health reform programme; the status of the Bills listed in the current legislative programme; and if he will make a statement on the matter. [7027/04]

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Written answers

The Government's legislation programme makes provision for the enactment of legislation to give statutory effect, where required, to implement the proposals in the reform programme. The first element of the programme is the preparation of an establishment order under the Health (Corporate Bodies) Act 1961, as amended, establishing the Interim Health Service Executive on a statutory basis. The order is being finalised and I hope to sign it shortly. This will empower the interim executive to perform the preparations necessary to enable an orderly transfer of functions to the Health Service Executive, HSE, when permanently established with effect from January 2005, under new primary legislation.

It will be necessary to introduce new legislation to provide the main legislative basis for the implementation of the health sector reform programme. This legislation will establish the new Health Service Executive which replaces the Eastern Regional Health Authority, the authority, and the health boards. It will also provide the legislative basis for other aspects of the reform programme such as improved governance and accountability, planning and monitoring and evaluation. It will also provide the legislative basis for the establishment of the health information and quality authority, HIQA. I also intend that the statutory framework for complaints procedures in the health services, as proposed in the health strategy, will be included in this legislation. My intention is that this legislation will be enacted by December 2004 so as to have the Health Service Executive in place in January 2005.

The Government's legislation programme for the spring session provides for the introduction of a Health (Amendment) Bill to cope with the situation arising following the local election in June 2004. Given the impending establishment of, and formal transfer of functions to, the HSE, the Government has considered whether it would be appropriate to proceed in the normal way with the appointment of local representatives to the health boards. This Bill will provide for changes in the legislative provisions regarding the membership of the authority and the health boards. It will also provide for the abolition of the distinction between reserved and executive functions and the assignment of reserved functions of the authority and the boards to the chief executive officers and the Minister for Health and Children, as appropriate. I expect to be in a position to publish the Bill in the near future.

Question No. 106 answered with QuestionNo. 104.
Question No. 107 answered with QuestionNo. 97.
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