Health (Miscellaneous Provisions) Act 2022

Directions from Minister for Children, Equality, Disability, Integration and Youth

7. The Principal Act is amended by the insertion of the following section after section 10B:

“10C. (1) The Minister for Children, Equality, Disability, Integration and Youth may, in relation to the performance by the Executive of its specialist community-based disability services functions, issue general written directions to the Executive or the Board—

(a) for any purpose relating to this Act or any other enactment,

(b) concerning any matter or thing referred to in this Act as specified or to be specified, or as determined or to be determined, by the Minister for Children, Equality, Disability, Integration and Youth, or

(c) concerning the implementation of any policy or objective of the Minister for Children, Equality, Disability, Integration and Youth or the Government which relates to a specialist community-based disability service function of the Executive, where the Minister for Children, Equality, Disability, Integration and Youth is of the opinion that the Executive or the Board, as applicable, is not having sufficient regard to such policy or objective in the performance of its specialist community-based disability services functions.

(2) In addition, the Minister for Children, Equality, Disability, Integration and Youth may issue specific written directions to the Executive concerning the submission to him or her, in such manner and within such period as he or she may specify, of—

(a) reports on any matter relating to Part 7 in so far as those reports relate to specialist community-based disability services or relating in any other way to the performance of the Executive’s specialist community-based disability services functions, even though such reports are the subject of a direction under subsection (1),

(b) any information or statistics relating to the performance of the Executive’s specialist community-based disability services functions, or

(c) subject to section 10AA(1) and (3), one or more than one health needs assessment (within the meaning of section 10AA(8) ), in so far as such an assessment relates to specialist community-based disability services, to be implemented by the Executive in the service plan prepared in accordance with section 31.

(3) Subsections (1) and (2) are not to be taken to limit a power to issue directions conferred on the Minister for Children, Equality, Disability, Integration and Youth by any other provision of this Act.

(4) The Minister for Children, Equality, Disability, Integration and Youth may, by written direction, amend or revoke any direction issued by him or her under this Act.

(5) The Executive or the Board, as applicable, shall comply with a direction issued by the Minister for Children, Equality, Disability, Integration and Youth under this Act.

(6) The Minister for Children, Equality, Disability, Integration and Youth shall ensure that, within 21 days after issuing a direction under subsection (1) or issuing a direction under subsection (4) amending or revoking a direction issued under subsection (1), a copy of the direction is laid before both Houses of the Oireachtas.

(7) The chairperson shall inform the Minister for Children, Equality, Disability, Integration and Youth of the measures taken by the Executive or the Board, as applicable, to comply with a direction issued under this section and such information shall be furnished to the Minister for Children, Equality, Disability, Integration and Youth within such period as may be specified by him or her.”.