S.I. No. 229/2020 - National Treasury Management Agency (Delegation of Claims Management Functions) (No.2) Order 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th June, 2020.

WHEREAS the Minister for Health has requested the Government to delegate by order under section 9 (1) of the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000) to the National Treasury Management Agency the management of any claims to which the following order applies against the Minister or a State authority specified in the Schedule, functions in relation to which are vested in the Minister;

AND WHEREAS the Minister for Health has agreed to pay the amount (if any) payable in respect of a claim, against a State authority specified in the Schedule, to which the following order applies;

NOW, the Government, in exercise of the powers conferred on them by section 9 of the National Treasury Management Agency (Amendment) Act 2000 , hereby order as follows:

1. This Order may be cited as the National Treasury Management Agency (Delegation of Claims Management Functions) (No.2) Order 2020.

2. This Order applies to a claim, other than a claim referred to in Article 3, that -

(a) is made against -

(i) one or more of the State authorities specified in column (1) of the Schedule, either alone or with any other person, in relation to or in connection with the provision of services by the State authority or State authorities concerned on behalf of the Health Service Executive under section 38 of the Health Act 2004 (No. 42 of 2004) -

(I) at a relevant hospital or hospitals specified in column (2) of the Schedule opposite mention of the State authority or State authorities concerned, or

(II) by a person who is engaged by a State authority so specified to provide such services on its behalf (being part of the services provided by the State authority concerned from the relevant hospital) whether or not the service is provided at that relevant hospital, and

(ii) the Minister for Health, where the claim referred to in subparagraph (i) is also made against the Minister,

and

(b) either -

(i) is made before the making of this Order and is one in respect of which the Agency and the State authority or State authorities concerned determine that it should be managed by the Agency, or

(ii) is made after the making of this Order irrespective of whether it relates to an act, omission or other matter occurring before or after such making.

3. The following classes of claims are exempted from the delegation effected by this Order:

(a) claims made against the Minister for Health by persons in respect of infection, directly or indirectly, with Hepatitis C or the human immunodeficiency virus (HIV) or both through the administration of blood or blood products or in respect of related matters;

(b) claims made against the Minister for Health or a State authority specified in the Schedule in respect of personal injury which include a claim in relation to liability for -

(i) defective products,

(ii) injurious falsehood,

(iii) malicious prosecution,

(iv) malicious abuse of the civil process,

(v) deceit, or

(vi) defamation;

(c) claims made against a Minister of the Government in respect of personal injury suffered by an employee of the State or of the Government caused by a breach of the Employment Equality Act 1998 (No. 21 of 1998);

(d) claims against the Minister for Education and Skills, the Minister for Health, or the Minister for Justice and Equality in respect of abuse of a child within the meaning of the Commission to Inquire into Childhood Abuse Act 2000 (No. 7 of 2000).

4. The management of a claim to which this Order applies is delegated to the Agency.

5. It is declared that the Agency shall have the functions specified in section 9(2)(a) of the National Treasury Management Agency (Amendment) Act 2000 (No. 39 of 2000).?

SCHEDULE

Article 2

State authorities to which paragraph (i) of the definition of “State authority” applies

(1)

Relevant Hospitals

(2)

Aut Even Hospital Limited

Aut Even Hospital

Sports Surgery Clinic Limited

Sports Surgery Clinic

Kingsbridge Private Hospital Sligo Limited

Kingsbridge Hospital Sligo

St Vincent’s Healthcare Group DAC

St Vincent’s Private Hospital

VFM Healthcare (Ireland) Limited (In receivership) trading as St Francis Private Hospital

St Francis Private Hospital, Mullingar

Beacon Medical Group Sandyford Limited

Beacon Hospital

Blackrock Hospital Limited

Blackrock Clinic Limited

Blackrock Group Services Limited

Blackrock Hospital Development Company Limited

Hestow Limited

Kingwater Development Company Limited

Blackrock Clinic

Galway Clinic Doughiska Limited

Galway Clinic

Hermitage Clinic Limited

Torcross Limited

Hermitage Medical Development Limited

Pointmill Limited

Hermitage Clinic Dublin

Bon Secours Health System Company Limited by Guarantee

Bon Secours Hospital Dublin

Bon Secours Hospital Cork

Bon Secours Hospital Galway

Bon Secours Hospital Limerick at Barringtons

Bon Secours Hospital Tralee

Barringtons Hospital Limited (trading as Bon Secours Hospital Limerick at Barringtons)

Bon Secours Hospital Limerick at Barringtons

UPMC Ireland Limited

UPMC Whitfield, Waterford

UPMC Kildare

Oval TopCo Limited

Mater Private Hospital

Mater Private Cork Limited

Spireview Equipment UC

Mater Private Hospital Dublin

Mater Private Hospital Cork

Limerick Cancer Centre

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GIVEN under the Official Seal of the Government,

19 June, 2020.

LEO VARADKAR,

Taoiseach.

EXPLANATORY NOTE

(This note is not part of the Instrument and does purport to be a legal interpretation.)

“This Order authorises the delegation to the State Claims Agency of responsibility for the management of certain claims incurred by the bodies listed in the schedule”