Oireachtas Joint and Select Committees

Thursday, 16 January 2014

Public Accounts Committee

2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 39 - Health Service Executive
Annual Report and Financial Statements 2012
Section 38 - Agencies Remuneration

3:00 pm

Professor Noel Whelan:

First, payments made bona fides to such executives in respect of such duties and services are not remuneration within the meaning of the FEMPI legislation 2009. Second, payments made bona fides to such executives in respect of such duties and services are not in breach of the one-person-one-salary principle relating to public sector pay which principle is confined to activities within the broad public service. Third, such payments are not unlawful top-ups and are not financed by charitable donations. Fourth, in the operation of St. Vincent's University Hospital and St. Michael's Hospital, the board of SVHGL, that is, St. Vincent's, is fully compliant with statutory and contractual requirements relating to health care sector pay policy. Finally, payments in respect of services and duties relating to St. Vincent's Private Hospital are not in breach of the public service one-person-one-salary principle.

We had this type of advice. As the controversy developed our board met in continuous sessions saying let us, in the public interest, put all this aside and unilaterally disclose the information and, at the same time, say we believe we are compliant. On the issue of compliance between us and the HSE, we like to ask if it is in the same ballpark as achieving the end results that I mentioned in my statement.

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