Dr. Kathleen MacLellan:

I wish to add to that. The principle in discussion at our working group is that there would be equal assessment across private and public in this area. In fact, there is a technical piece in section 39F on this with regard to application of a licence. Our policy intent through the general scheme has been that we would meet a number of checks and balances around character and competence. There are a number of pieces that allow for that within section 39F, which is evidence as to the character and competence of the intended licence provider. In the HSE case it is focused on the hospital as an entity. It is also intended that the declaration by a principal officer relating to capacity as a provider applies to both public and private hospitals, bearing in mind that the HSE and a number of hospitals are corporate bodies.

Section 39F also refers to evidence as to the character and competence of the person to be designated in charge relevant to his or her management role and that is across all hospitals, public and private. For the HSE that is likely to be an assessment of the character and competence of the CEO or general manager. There is no intention regarding exclusion of HSE or voluntary hospitals from these important checks. We believe that working through the formal drafting and with the Office of the Attorney General we can encompass all of that. This is quite a technical part and we would not wish to lose anything in that translation. We are all in the same position with regard to the principle of the character and competence of those in charge of those licensed entities.