Tom Hayes (Tipperary South, Fine Gael)
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Question 86: To ask the Minister for Health and Children when written approval will be issued by the Health Service Executive to show that it is willing to sell a site in Clonmel to either South Tipperary County Council or to the Office of Public Works for the purposes of a site for a school (details supplied); if the HSE will confirm that the sale has been approved at a board meeting; and if her Department need to approve anything further for this to go ahead. [22419/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Requirements in relation to the disposal of assets by the state bodies, including the HSE are set out in the provisions of Part 5 of the Code of Practice for the Governance of State Bodies (2001). In addition, the Board of the HSE has put in place a set of guidelines titled "Protocol for the Acquisition and Disposal of Property" which are consistent with and meet the requirements of Part 5 of the Code of Practice. This detailed protocol adopted by the HSE Board governs the sale of land vested in the HSE.

Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 which specifies the Executive's authority in relation to the disposal of any land vested in it. Therefore, the Executive is the appropriate body to consider the sale of the property referred to by the Deputy. My Department has requested that the Parliamentary Affairs Division of the Executive investigate the matter and issue a reply directly to the Deputy.