The Health Act, 1970, in section 15 provides that the Local Authorities (Officers and Employees) Acts, 1926 and 1940, should apply to the appointment of chief executive officers and other such offices under health boards as the Minister for Health and Children may determine from time to time with the consent of the Local Appointments Commissioners. In 1971, the then Minister determined that the Acts should apply to permanent posts with professional qualifications, to all grades of health inspector, posts of matron, deputy matron, assistant matron, chief nursing officer, assistant chief nursing officer, and to superintendent and assistant superintendent public health nurses.
As a consequence, appointments to all such posts are made following open competition conducted by, and on the recommendations of, the Local Appointments Commission. The approval of the Minister to such appointments is not required. However, section 18 of the Health Act 1970, provides that the qualifications for the appointment of an officer to a health board shall be approved of or directed by the Minister. In addition, section 14(2) of the Health (Amendment) (No. 3) Act, 1996, provides that a person appointed as a chief executive officer of a health board shall hold office under a contract of service with the board upon such terms and conditions as may be determined by the Minister with the consent of the Minister for Finance.
My Department is currently taking steps to devolve responsibility for recruitment to certain posts from the Local Appointments Commission to the health boards. While the range of posts to be devolved has yet to be finalised, it is envisaged that responsibility for recruitment to all top level administrative, professional and technical posts will remain with the Local Appointments Commission. My Department has invited a small group representing the Local Appointments Commission, the health boards and office for health management to prepare a protocol setting out the most appropriate procedures for operating a devolved system of recruitment, having regard to best practices in human resource management. The protocol is expected to be completed shortly and it will then be the subject of discussion with the relevant health service unions.