Oireachtas Joint and Select Committees

Thursday, 19 December 2013

Public Accounts Committee

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

1:05 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I appreciate that but can Dr. McLoughlin understand the concern that I have, namely, that collectively the system has singularly failed to resolve this matter. The evidence of that is that we are sitting in this committee room again dealing with these issues. The reality is, and the witnesses have conceded the point, that whatever about what was said in September 2013, prior to that date there was an ambiguity or a lack of clarity on these matters, which has now been taken out of the equation.

The latest shot across the bow of the HSE is coming from St. Vincent's which has indicated that it is their view in line with legal advice they have received, that they are in fact compliant. I imagine that advice might stem from the previous ambiguity. I am surmising that might be the case. I understand the strength and standing of Government policy in this area but I am asking a fairly straightforward question and I am looking for an assurance from the HSE and the Department of Health that either or both have in turn sought and are in receipt of sound legal advice that they can pursue this matter with these people.