Mr. Tony O'Brien:

I recognise HIQA has an important and often difficult job to do in exercising its regulatory functions. The fact we find ourselves from time to time on different sides of those discussions does not amount to a criticism of HIQA from the HSE. We respect the role of HIQA. Sometimes, however, the exercise of its regulatory functions and the exercise of our care provision or care funding functions bring us to different sides of licensing questions, as is the case with St. Joseph's Hospital in Ennis. The law governing this provides for a court process to resolve those differences. As this matter is before the courts, I want to be cautious in what I say about it. I am fully prepared to provide a more detailed written answer because it is far easier to be careful with them than it is with verbal answers.

The Deputy is correct the issues that arise are important, not just for those who receive their care in St. Joseph's Hospital. Potentially, it could have wider implications for the provision of care through public facilities in the State. That is why, through the community health care organisation in that area, the HSE has taken a stance which necessitates the involvement of the courts to mediate in this process. I do not want to ventilate the issues.