The draft report of the Oireachtas Committee on Health and Children on the nursing home charges controversy has called for the establishment of a European-style cabinet system in Government departments.
The confidential interim first report, which was drawn up by the Institute of Public Administration and considered by committee members yesterday, says there appears to be confusion about the roles of the various secretaries general in government departments, special advisers and ministers of state.
"It has been assumed that in making the minister the 'corporation sole' of the department, the Ministers and Secretaries Act (1924) also made her/him responsible for all the actions of his department. Clarification of this construal may be necessary in view of the increasing complexity of the administrative system," the interim report states.
It says that as well as setting out the managerial responsibilities of the secretary general, the Public Sector Management Act, 1997, also defined the role of special advisers.
However, it maintains that this definition is very general and "could be seen to overlap with the role of the secretary general".
"For example, both have the responsibility of advising the minister," it says.
"It is clear from the evidence presented to the committee there is confusion and uncertainty on all sides concerning their exact roles."
The draft report also maintains that the evidence to the committee on the background to the illegal charging of patients in nursing homes also suggested that there was similar confusion about the roles of ministers of state.
"Several European governments and the European Commission operate a 'cabinet' system that provides a clear structure for the support provided to ministers by ministers of state and special advisers.
"The value of this model for Irish government might usefully be considered," the interim report urges.
It also calls for an improved performance by the top-level management advisory committee of the Department of Health.
It maintains that attention should be given to risk management processes and procedures in the department.
"These procedures should identify, record, evaluate, prioritise and implement processes and strategies in dealing with risk in a Civil Service department," it says.
It says "tensions exist" between these procedures and the Freedom of Information Act.
