Paudge Connolly (Cavan-Monaghan, Independent)
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Question 100: To ask the Tánaiste and Minister for Health and Children her views on the failure of the chief executive of the north eastern area of the Health Service Executive to lift the suspension of a person (details supplied) as directed by her; and if she will make a statement on the matter. [2336/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I reviewed the suspension of the person concerned on 23 December 2004 and decided, based on legal advice and pursuant to the powers conferred on me as Minister for Health and Children by section 22 (3) of the Health Act 1970, to terminate the suspension with effect from that date. This decision was formally advised to the parties concerned. Following the enactment of the Health Act 2004, the person concerned is now an employee of the HSE and it is a matter for the executive to determine the appropriate course of action in response to my decision to lift the suspension.