Leo Varadkar (Dublin West, Fine Gael)
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Question 238: To ask the Minister for Health and Children her views on the impact that recent decisions by the Competition Authority to prohibit negotiations between the Government, or its agencies and trade associations, representatives groups of the self-employed and so on, has had on the progress in agreeing a new general practitioner contract; her further views on legislative changes in this area; and if she will make a statement on the matter. [35531/07]

Leo Varadkar (Dublin West, Fine Gael)
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Question 239: To ask the Minister for Health and Children if she will report on the progress being made in agreeing a new general practitioner contract; and if she will make a statement on the matter. [35532/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 238 and 239 together.

A review of the contractual arrangements for the provision of general practitioner services commenced in 2005 under the auspices of the Labour Relations Commission. However, in the course of 2006 and 2007 both the Health Service Executive and my Department have received legal advice which identifies significant competition and procurement law issues such that it is not permissible to develop contracts for service and the associated fee arrangements on a negotiated basis. These matters are governed by both European Union and national competition law.

In the light of the detailed legal advice obtained, my Department is at present working, in consultation with relevant Government Departments and with the HSE, to devise appropriate new arrangements for the development and the pricing of contracts for the provision of health services, including the GMS general practitioner contract. It is my wish that, once these arrangements have been finalised, the development of a new GMS GP contract should be progressed as a matter of urgency by the HSE with a view to putting in place contractual arrangements which will facilitate the delivery of general practitioner services as a key and integral component of a modern primary care service.