S.I. No. 798/2005 - Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005


S.I. No. 798 of 2005

Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005

The Minister for Health and Children in exercise of the powers conferred on her by sections 78 and 79 of the Health Act, 2004 (No. 42 of 2004) hereby orders as follows:

1.       These Regulations may be cited as the Health Act 2004 (Dealings with members of either House of the Oireachtas) Regulations 2005.

2. (1) In these Regulations, except where the context otherwise requires-

“Act” means the Health Act 2004 (No.42 of 2004);

“Executive” means the Health Service Executive;

“member of either House of the Oireachtas” means a member of Dáil Éireann or Seanad Éireann;

“Minister” means the Minister for Health and Children;

“Regional Health Forum” means a body established by the Minister under section 42 of the Act;

“specified documents or specified information” means such documents or information specified in paragraph 2 of regulation 3.

(2)  In these regulations-

(a)  a reference to a regulation which is not otherwise identified is a reference to a regulation in these Regulations;

(b)  a paragraph or sub-paragraph which is not otherwise identified is a reference to a paragraph or sub-paragraph in the regulation in which the reference occurs.

2.  (1) The chief executive officer of the Executive shall advise each member of either House of the Oireachtas of the address or addresses to which correspondence to the Executive should be addressed.

(2) A member of either House of the Oireachtas may for the purpose of these regulations by notification in writing or electronically inform the Executive of his or her postal or electronic address.

3. (1) The Executive shall on request supply or make available without charge to each member of either House of the Oireachtas a copy of the specified documents or specified information as set out in paragraph (2) of this regulation.

(2) The specified documents and specified information for the purpose of paragraph (1) are-

(a) any documentation provided by the Executive to a Regional Health Forum;

(b) any record of proceedings of a Regional Health Forum or a committee established by a Regional Health Forum;

(c) any codes of conduct for committee members, employees, advisers and employees of advisers issued under section 25 of the Act;

(d) any corporate plan as approved by the Minister under section 29 of the Act and published under section 30 of the Act;

(e) any service plan as prepared by the Executive and approved by the Minister pursuant to section 31 of the Act;

(f) any code of Governance prepared by the Executive and approved by the Minister pursuant to section 35 of the Act;

(g) the annual report as prepared by the Executive and submitted to the Minister pursuant to section 37 of the Act;

(h) the terms of reference and membership of any advisory panels established by the Executive pursuant to section 43(2) of the Act;

(i) any complaints or review procedures established by the Executive pursuant to section 49 of the Act;

(j) any complaints procedures established by a service provider under section 49(2) and (3) of the Act;

(k) any reports or statistical data made available to the public by the Executive.

4.       Nothing in these regulations shall be read as precluding the disclosure by the Executive, subject to law, of other documents or information to a member of either House of the Oireachtas.

5.       Where the Executive provides access to information by way of Internet or other electronic means it shall notify each member of either House of the Oireachtas of the nature of the information which is available and the means of access.

6.       The Executive shall for the purpose of these regulations have regard to Public and the Citizen - the Ombudsman's Guide to Standards of Best Practice for Public Servants or any subsequent such guidelines as may be issued.

7. (1) Nothing in these regulations shall be read as implying that a lesser level of customer service is to apply as regards the dealings with a member of either of the Houses of the Oireachtas or any other person.

(2) The Executive shall ensure that it shall deal with any correspondence and requests for access for information from a member of either House of the Oireachtas as expeditiously as may be in accordance with a proper level of customer service.

 

Given under the Official Seal of the Minister for Health and Children this 12th day of December 2005.

/images/seal.jpg

 

 

Mary Harney T.D.

Minister for Health of Children

EXPLANATORY NOTE

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

These Regulations specify the manner in which the Health Service Executive conducts its dealings with members of the Houses of the Oireachtas.

The Regulations set out the arrangements for enabling members of the Oireachtas to contact the Executive and specifies the documentation and information which the Executive must make available to Oireachtas members.