Brendan Smith (Cavan-Monaghan, Fianna Fail)

I am pleased to have been given the opportunity by Deputy Allen to clarify, on behalf of the Tánaiste, who is unavoidably absent, the position of the Department of Health and Children. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of acute hospital services and the appointment of new or replacement consultant posts.

With regard to the specific case mentioned by the Deputy, the former Southern Health Board made application for financial clearance to the Department of Health and Children for the appointment of a seventh consultant orthopaedic surgeon post. In view of the financial implications of the proposed post, the Department of Health and Children was not in a position to allocate funding for this post in 2004 nor in the letter of determination for 2005 which issued to the Southern Health Board in early December 2004.

Since the establishment of the Health Service Executive, the Department of Health and Children no longer has a role in the approval or funding arrangements for individual consultant posts. The Department has been informed that this case is the subject of ongoing litigation, including an appeal to the Supreme Court. Therefore, it is not appropriate to comment on the case.

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