Health Service Executive (Governance) Act 2013

6.

Insertion of sections 10A and 10B in Act of 2004.

6.— The Act of 2004 is amended by inserting, after section 10, but in Part 2, the following new sections:

“Setting of priorities by Minister.

10A.— (1) Subject to subsections (2) to (4), the Minister may specify—

( a) priorities to which the Executive shall have regard in preparing its service plan under section 31 or amending its service plan under section 32, and

( b) performance targets for the Executive in respect of such priorities.

(2) The Minister shall consult with the Minister for Children and Youth Affairs before specifying priorities or performance targets in respect of functions of the Executive which relate to the functions of the Minister for Children and Youth Affairs.

(3) The Minister shall consult with the Executive before specifying priorities or performance targets under this section and, having so specified such priorities or targets, shall furnish details of these in writing to the Executive.

(4) Before specifying priorities or performance targets under this section the Minister shall have regard to—

( a) best practice as respects the service the subject of the priority or performance target,

( b) outcomes for patients and recipients of services likely to be affected by the priority or performance target which the Minister is considering specifying, and

( c) the effect that specifying the priority or performance target concerned would be likely to have on other services provided by or on behalf of the Executive.

(5) In this section ‘performance targets’ means, as respects priorities specified under subsection (1), levels of performance by the Executive by which the effectiveness of the Executive in meeting such priorities can be measured by the Minister.

Limitation as to exercise of powers under sections 10 and 10A.

10B.— The Minister shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects—

( a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,

( b) any function of the Executive relating to a decision concerning—

(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or

(ii) the extent to which and the manner in which a person is eligible for any such service,

( c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,

( d) any function of the Executive that has been specified in an enactment to be a function of the Director General relating to functions referred to in paragraphs ( a) to ( c).”.