Pat Carey (Dublin North West, Fianna Fail)
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Question 164: To ask the Tánaiste and Minister for Health and Children the guidelines which are issued by the Health Service Executive to its employees to ensure that they avoid conflict of interest in the carrying out of their duties; and if she will make a statement on the matter. [22283/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Section 25 of the Health Act 2004 requires employees of the Health Service Executive to maintain proper standards of integrity, conduct and concern for the public interest in performing functions under that or any other enactment as employees of the Executive. Section 25 also obliges the Executive to issue codes of conduct for employees other than employees to whom a code of conduct under section 10 (3) of the Standards in Public Office 2001 applies. A code of conduct issued by the Executive for employees must indicate the standards of integrity and conduct to be maintained by them in performing their functions. A person to whom such a code of conduct relates is required to have regard to and be guided by the code in performing his or her functions.

As this is a matter for the Health Service Executive under the Health Act 2004, my Department has asked the Parliamentary Affairs Division of the Executive to respond directly to the Deputy.

The HSE is also preparing a Code of Governance to be submitted to me for approval under section 35 of the Health Act 2004. The Code must include, amongst other things, a code of conduct setting out basic objectives for the conduct of the Board of the HSE, its members, members of its committees, employees, advisers, consultants and contractors.