Jim O'Keeffe (Cork South West, Fine Gael)
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Question 123: To ask the Tánaiste and Minister for Health and Children the circumstances in which State property under the care of her Department has been disposed of without going to auction or tender; if she will report on the statutory authority for doing so; and if she will make a statement on the matter. [9222/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I wish to advise the Deputy that before the 1 January 2005 land and property which formed part of the health estate was vested in the health boards and the Eastern Regional Health Authority. Under the Health (Amendment) (No. 3) Act 1996, health boards were granted the statutory authority to approve the disposal of land, and property, subject to any general directions given by the Minister for Health and Children with the consent of the Minister for Finance. The subsequent amending legislation passed in June 2004, transferred those powers to the chief executive officers with the consent of the Minister for Health and Children arising out of the dissolution of those health boards and the ERHA. With the passing of the Health Act 2004, the Health Service Executive was established and commenced on 1 January 2005. Under that Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services which includes the responsibility for management of the health estate held by former health boards and now vested in the executive.

The procedures adopted by former health boards and the new executive in regard to the disposal of State property require that they comply with both the provisions of health legislation and the principles set down under public procurement guidelines. Accordingly, as my Department was not involved in the direct management and day-to-day administration of the health estate, including the specific process by which health boards ultimately disposed of their land and properties, I have requested the interim chief executive officer for the Health Service Executive to investigate the circumstances, if any, under which land or property has been disposed of without auction or tender, the statutory basis for any such disposals and to reply directly to the Deputy on the matter raised.