There is no conflict between section 3 and section 55. Section 55 assigns to the CEO responsibility for individual cases. This does not take away from the responsibilities of the board members for overall policy matters. Paragraphs (a) to (g) are carefully drafted to refer to individual cases and individual decisions, but the overall policy in these areas would be for the board to decide. The purpose of section 55 is to assign responsibility for various functions under the Bill to the staff of the health board. In the absence of this provision the functions would fall to be performed by the members of the board. It is not intended that the various functions would be performed by the CEO personally.
By virtue of section 3 (3) the CEO will be able to avail of his powers under section 16 of the Health Act, 1970, to delegate any function assigned to him to specified officers or classes of officers. The Minister for Health is empowered to give directions to the CEOs in this connection. Subsection (1) specifies the functions which are to be assigned to the CEO. If we look at paragraph (e) it reserves to the CEO all decisions in relation to court proceedings. It is envisaged that that will be delegated to the directors of community care and senior social workers in consultation with the board's legal advisers.
Subsection (2) provides that any dispute or doubt as to whether a particular function is a function of the staff or of the members of the board will be determined by the Minister for Health. Subsection (3) provides that the powers, conferred on the chief executive officer under this section may also be exercised by a person acting as deputy chief executive officer. That would be, for example, where the CEO is absent due to illness or where the CEO has resigned his post. As indicated earlier, the CEO or his deputy may delegate these functions to other staff of the board.
We are talking about individual functions. We are talking about individual decisions. The board members will have to agree and be consulted on policy matters, for example, whether the board decides to go into general pre-school services or not. Individual matters are a matter for the officers of the board and, where there is any conflict, the Minister for Health would be the person to make the final decision. I think that should clarify the position. There is no conflict.