Health Act, 1970

Committees for certain removals.

24.—(1) Whenever it is proposed to remove a permanent officer of a health board under section 23 because of misconduct (except as referred to in section 23 (3)) or unfitness, the Minister shall appoint a committee to perform the functions specified in this section relating to the proposal for such removal.

(2) Membership of a committee appointed under this section shall consist of—

(a) one person (being the chairman of the committee) who shall be selected by the Minister at his discretion,

(b) an even number of other persons of whom—

(i) half shall be selected by the Minister from a panel of persons nominated by such organisation (or organisations) as is (or are), in the opinion of the Minister, representative of the class of officers to which the person belongs or where, in the opinion of the Minister, there is no such organisation or where nominations under this subparagraph have not been made, from such persons as he considers appropriate, and

(ii) half shall be selected by the Minister from a panel of persons nominated by the chief executive officer of the health board.

(3) Nominations of persons to a panel referred to in subsection (2) (b) shall be for such period as is prescribed and new nominations shall be made from time to time to fill vacancies on the panel.

(4) The chairman of a committee under this section shall, in relation to the functions of the committee, have the same powers as an inspector of the Minister has under section 86 of the Local Government Act, 1941 , when holding a local inquiry.

(5) A committee under this section, having inquired into the proposal to remove the officer, shall make such recommendation to the chief executive officer as it thinks fit.

(6) Any question arising before a committee under this section shall be decided by the majority of the members of the committee who are present and vote and, in case of equality of votes on any question, the chairman shall have a second or casting vote.

(7) A committee under this section may act notwithstanding any vacancy among its members.

(8) The Minister may make regulations governing the performance by committees under this section of their functions.

(9) When a committee under this section recommends the removal of an officer, the chief executive officer may remove the officer after the expiration of a period of twenty-one days, unless a request has been made to the Minister under subsection (10).

(10) An officer in relation to whom a recommendation for removal has been made under subsection (5), may, in the prescribed manner and subject to the prescribed conditions, request the Minister to issue a direction to the chief executive officer in relation to that recommendation.

(11) Where a request is made to the Minister under subsection (10), the Minister may give to the chief executive officer a direction to remove the officer, a direction not to remove the officer or such other direction as he considers appropriate, and the chief executive officer shall comply with the direction.

(12) The Minister may, out of moneys provided by the Oireachtas and to such extent as may be sanctioned by the Minster for Finance, make payments in respect of travelling and subsistence expenses and pay fees to members of committees established under this section.