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Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I can understand that the organisation might say the matter is closed and that is the end of it, but I do not know whether it is legal to insist on a person being party to an agreement restricting somebody's future right to apply for a job. That is why I say we need information, possibly from the Office of the Parliamentary Legal Advisor, OPLA, in the House or the Chief State Solicitor's office.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we will start with them.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we will not make it specific because it is a broad issue that is raised.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes, we understand that.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I do not think we will get to the bottom of this individual case. We understand that there are non-disclosure agreements to the effect that there would be no discussion or public comment, but I question the concept of an agreement restricting a person's right to apply for a job. Perhaps the person agreed willingly.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Deputy MacSharry wants to settle.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will ask the Office of the Parliamentary Legal Advisor to give us a note on whether it is valid to include such elements in an agreement. Perhaps that is normal and that is how life works. I do not know.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Okay, we will ask the OPLA for advice and it can come back to us for clarification if it wants to know the precise nature of the issue. Are there any other matters?

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will go into private session before we go into public session.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I have not seen this. Did Deputy Cullinane circulate it?

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: And to the HSE.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We are going to write to the HSE, the company directly involved and the Department of Health about this case, the lessons, and the particular issue to which Deputy Cullinane referred about clinicians having discretion and not being required to inform patients directly of the outcome. We will ask why it is not mandatory for patients to get information on the basis that they are entitled to...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We want sight of the full circular.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We want sight of the circular and to find out whether it has been reviewed and how not giving information ties in with the publicly stated policy of open disclosure.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will follow up the matter. When we get the information, we will decide how to proceed. This ties into claims paid out by the State Claims Agency, which is currently €2 billion. It is a matter for this committee how these claims can be avoided or minimised by better practices into the future. The next item on the agenda is reports and statements received since the last meeting,...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We invited representatives of Nursing Homes Ireland to a meeting some time ago but they could not make it on the day.

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: Yes. As they were unable to attend on the last occasion, we agreed to issue a further invitation at a later date. At the meeting on 17 May, the National Treatment Purchase Fund will be addressing its 2016 accounts but I am sure members will want to discuss the fair deal scheme with them. If we invite Nursing Homes Ireland to meet us on the same day, I think that should be in a separate...

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: We will conclude this item first. Is it agreed that we invite in Nursing Homes Ireland?

Public Accounts Committee: Business of Committee (26 Apr 2018)

Seán Fleming: I do not know much about Nursing Homes Ireland but I think we could benefit from a briefing from it prior to meeting the National Treatment Purchase Fund. I think the organisation could give us some information that would help us in our discussions with the National Treatment Purchase Fund, which negotiates with all the nursing homes. Otherwise, we will only hear from the State side....

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