The Minister needs to clarify whether the board and its employees will be indemnified in the event of litigation. There are many situations in which this could arise, for example, where there is an aggrieved company or new evidence comes to light about a drug. Will expert medical consultants who give evidence to the board be indemnified? Will the state indemnify the board so that it can support and defend staff in any legal action? It is unclear from the Bill whether these indemnities apply. Will the Minister consider looking at them?
SECTION 34.
Question proposed: "That section 34 stand part of the Bill."
My information is that this particular issue does not arise under the Bill and we are proceeding on that basis. Obviously there is provision in the legislation whereby the body corporate, the new board, has the power to sue or be sued.
What about individuals? The Minister talks about the body corporate but what happens to individuals if there is a case alleging negligence in the manner in which they handled an issue?
My advice is that employees act in the name of the board.
Are they covered in a corporate sense?
I will clarify the matter further but that is my understanding.
Will the people who do contract work be indemnified?
They would be doing contract work for the board rather than for the Department of Health. Obviously the type of contract would dictate the position. I have no doubt that the board would pay due and full attention to any responsibilities that it would have in that regard.
Question put and agreed to.
Sections 35 to 37, inclusive, agreed to.
SCHEDULE.
I move amendment No. 17:
In page 21, between lines 23 and 24, to insert the following row:
|
"1. |
No. 12 of 1961 |
Poisons Act, 1961 |
In section 3 (3) (a), ‘section 31 of the Irish Medicines Board Act, 1995’ shall be substituted for ‘section 65 of the Health Act, 1947’. |
|
In section 3 (3) (b), ‘section 31’ shall be substituted for ‘section 65’.”. |
This amendment to the Schedule is necessary as a result of the repeal of section 65 of the Health Act, 1947. Section 3 of the Poisons Act, 1961, provides that all regulations made under section 65 of the Health Act, 1947, should be referred to the poisons council. The amendment now proposed simply provides for the substitution in section 3 of the Poisons Act of a reference to section 31 of this Bill for a reference to section 65 of the Health Act, 1947. It is a technical matter.
Amendment agreed to.
Schedule, as amended, agreed to.
Title agreed to.
Report of Select Committee.
I propose the following draft report:
The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.
Report agreed to.
Ordered to report to the Dáil accordingly.
We will have the point of order raised by Deputy Flaherty examined and have a report for our next meeting. Are there any other matters to which the committee wants to refer at this stage?
I apologise for the crisis. If it had been a controversial Bill, it would have been irresponsible of me to proceed without sorting out the situation. I am glad the situation has worked out.
The Select Committee adjourned at 4.21 p.m.