I propose to take Questions Nos. 187, 188 and 191 together.
The Health Service Executive (HSE) has functions under a broad range of legislation including the Health Acts 1947 to 2007, the Child Care Acts 1991 to 2007 and the Mental Health Acts 1945 to 2001. In relation to some services, more detailed and specific arrangements are provided for in regulations made under primary legislation.
A function of the HSE under the Health Act 2004 is to manage and deliver, or arrange to be delivered on its behalf, health and personal social services in accordance with that Act. The scope of what is generally understood by the term "health services" differs from country to country and in Ireland it is broader than in many other countries. For example, health care here includes areas such as child welfare and protection. In recent decades, there has also been a growing emphasis on the social context of health care ensuring that patients and clients are seen in the context of family and environmental relationships.
The use of the term "health and personal social services" in the 2004 Act does not refer to two distinct services but is intended as a more complete and contemporary description of the nature of actual services provided in the public health system consistent with our national concept of health care. "Health and personal social services" is therefore defined in the 2004 Act to mean services that immediately before the establishment day for the Executive (1 January 2005) were provided under the Acts referred to in Schedule 1 of the Act by a specified body as defined in section 56 of the Act. An extensive list of legislation including the Health Acts 1947 to 2001 is set out in the Schedule and covers areas as diverse as the provision of hospital services and adoption matters. The specified bodies defined in section 56 are the health boards, the Eastern Regional Health Authority, the Area Health Boards, the Hospital Bodies Administrative Bureau, the Health Boards Executive, the General Medical Payments Board, the Health Service Employers Agency and the Interim Health Service Executive.
The position in regard to section 38 of the Health Act 2004 as amended is that the section allows the HSE to enter into an arrangement with a person for the provision of a health and personal social service by that person on behalf of the Executive. As I have outlined, the definition of health and personal social services covers a broad spectrum of services. I am not aware of any issues arising in regard to the provision of services by service providers under section 38.