Health Service Executive (Governance) Act 2019

Chief executive officer

10. The Principal Act is amended by the insertion of the following Part before Part 5:

“Part 4A

Chief Executive Officer

Appointment of chief executive officer

21A. (1) Subject to subsection (2), the Board shall as soon as practicable after the commencement of section 10 of the Health Service Executive (Governance) Act 2019 and thereafter as required, appoint a person recruited in accordance with the Public Service Management (Recruitment and Appointments) Act 2004 to be the chief executive officer of the Executive (in this Act referred to as the ‘chief executive officer’).

(2) Subsection (1) shall not apply to a person deemed under subsection (6) to be the first chief executive officer.

(3) The chief executive officer shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as may be determined by the Board with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(4) The remuneration and allowances determined under subsection (3) shall be paid out of funds at the disposal of the Executive.

(5) The chief executive officer shall not hold any other office or employment or carry on any business.

(6) Notwithstanding the repeal of Part 3A by section 3 (a) of the Health Service Executive (Governance) Act 2019, the person who was the Director General, immediately before the commencement of the said section 3 (a), shall be deemed to be the first chief executive officer—

(a) as if, on that commencement, the Board had appointed under subsection (1) the person to be the chief executive officer for the remaining period, if any, that was left to run for the person to hold the office of such Director General immediately before that commencement, and

(b) on the same terms and conditions (including terms and conditions relating to remuneration, allowances, superannuation and termination of appointment) as the person held office as such Director General immediately before that commencement,

and the other provisions of this Act shall be construed accordingly.

(7) The chief executive officer shall not be a member of the Board or a committee, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or a committee and shall be entitled to speak at and advise such meetings.

Resignation, removal or disqualification of chief executive officer

21B. (1) The chief executive officer may resign from office by giving notice in writing to the Board of his or her resignation.

(2) The Board may, at any time, remove the chief executive officer from office if, in its opinion—

(a) the chief executive officer has become incapable through ill-health of performing his or her functions,

(b) the chief executive officer has committed stated misbehaviour, or

(c) the removal of the chief executive officer is necessary for the effective and efficient performance by the Executive of its functions.

(3) If the chief executive officer is removed from office in accordance with subsection (2), the Board shall provide the chief executive officer with a statement of reasons for the removal.

(4) The chief executive officer shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(b) is convicted of any indictable offence,

(c) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not, or

(d) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 .

Functions of chief executive officer

21C. (1) The chief executive officer shall—

(a) carry on and manage, and control generally, the administration and business of the Executive and perform such other functions as are conferred on him or her by or under this Act or any other enactment,

(b) ensure that appropriate systems, procedures and practices are in place—

(i) to achieve the Executive’s object,

(ii) for the internal performance management and accountability of the Executive in respect of the Executive’s—

(I) performance of its functions,

(II) achieving objectives in accordance with the corporate plan, and

(III) delivery of health and personal social services in accordance with this Act,

and

(iii) in order to enable compliance with the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the Executive,

(c) provide the Board with such information (including financial information) relating to the performance of his or her functions and the implementation of the policies of the Executive as the Board may require, and

(d) assist and provide the accounting officer (other than for the purposes referred to in section 40G) with such information (including financial information and records) relating to the accounting officer’s functions within such period as the accounting officer may require.

(2) The chief executive officer shall be accountable to the Board for the effective and efficient management of the Executive and for the due performance of his or her functions.

Delegation and subdelegation of functions

21D. (1) (a) Subject to paragraph (b), the chief executive officer may—

(i) delegate any of his or her functions under section 21C in writing to an employee of the Executive, which employee shall be specified by name, grade, position or otherwise, and

(ii) to the extent specified in a delegation made under this subsection, authorise the subdelegation of any or all of the functions delegated under subparagraph (i) to or by other employees of the Executive.

(b) The Board may issue directions in writing to the chief executive officer in respect of the exercise of his or her power under paragraph (a) and the chief executive officer shall comply with such directions.

(2) Any function delegated or subdelegated under this section to an employee of the Executive shall be performed by the employee under the general direction and control of the chief executive officer and in compliance with such directions, limitations and guidelines as may be specified by—

(a) in the case of a delegated function, the chief executive officer, or

(b) in the case of a subdelegated function, the employee who subdelegated the function.

(3) The delegation of a function does not preclude the chief executive officer from performing the function.

(4) The chief executive officer may—

(a) vary the delegation of a function under this section, including by modifying the geographical area to which the delegation relates,

(b) revoke the delegation, or

(c) without revoking the delegation, revoke any subdelegation of the function.

(5) On varying or revoking the delegation or subdelegation of a function, the chief executive officer shall, as soon as practicable, inform each employee to whom the function was delegated or subdelegated of its variation or revocation.

(6) An employee of the Executive who subdelegates a function delegated or subdelegated to the employee under this section—

(a) may—

(i) vary the subdelegation, including by modifying the geographical area to which it relates, or

(ii) may revoke the subdelegation,

and

(b) is not precluded from performing the function.

(7) On varying or revoking the subdelegation of a function under subsection (6), the employee who subdelegated the function shall, as soon as practicable, inform each employee to whom the function was subdelegated of its variation or revocation.

Accountability of chief executive officer to committees of Houses of Oireachtas

21E. (1) Subject to subsection (2), the chief executive officer shall, at the request in writing of a Committee, attend before it to give an account of the general administration of the Executive.

(2) The chief executive officer shall not be required to give an account before a Committee of any matter relating to the general administration of the Executive which is the subject of proceedings before a court or tribunal in the State.

(3) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive officer is before it, the information shall be so conveyed in writing.

(4) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1) in so far as it relates to a matter the subject of that opinion—

(a) the chief executive officer may, not later than 42 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(5) Pending the determination of an application under subsection (4), the chief executive officer shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

(7) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(8) With the permission of the Chairperson of a Committee making the request under subsection (1), either—

(a) the chairperson of the Board, or

(b) an employee of the Executive nominated by the chief executive officer,

may attend before the Committee in place of the chief executive officer to give an account of the general administration of the Executive, and in that case a reference in subsections (2) to (7) to the chief executive officer shall be read as including a reference to the person attending in his or her place.

(9) In this section, ‘Committee’ means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—

(a) the Committee of Public Accounts, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann, or

(b) a subcommittee of a committee referred to in paragraph (a).

Membership of either House of Oireachtas or European Parliament

21F. (1) A person is not eligible for appointment as the chief executive officer if the person is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament,

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament, or

(d) elected or co-opted as a member of a local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or of a local authority shall, while he or she is so entitled or is such a member, be disqualified for being the chief executive officer.

Acting chief executive officer

21G. (1) Subject to subsection (2), the Board may appoint such other employee of the Executive to perform the functions of the chief executive officer during—

(a) any period or periods when the chief executive officer is absent from duty or from the State or is, for any other reason, unable to perform the functions of chief executive officer,

(b) any suspension from office of the chief executive officer, or

(c) any vacancy in the office of chief executive officer.

(2) The Board may at any time terminate an appointment under this section.”.