Mr. Stephen Mulvany:

Two points arise relating to the health boards and the emergence of the health service. The health services have been assisting patients and safeguarding their moneys where it was necessary to do so. That is what we term the private property of patients process. It was put on a statutory footing in 2006 but it existed prior to then. Prior to then, the legal advice for health boards was that if a person gave €100 to a health board to mind on behalf of that person, the obligation was to give €100 back.

Around 2004 or 2005 we were getting ready for the establishment of the HSE. While the issues relating to the payment scheme were coming to the fore, this was looked at again. The legal advice was that, on balance, it was more appropriate to treat it as a trustee relationship. Generally speaking, this means a trustee is obliged to safeguard €100 but also to give the person interest. The trustee can charge a reasonable administration charge.