Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 100: To ask the Minister for Health and Children if an appeals procedure is in operation regarding decisions reached arising from meditation under the provisions of the Health Act 2004; if so, if this procedure is available; the terms of this procedure; and if she will make a statement on the matter. [35009/09]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 101: To ask the Minister for Health and Children if she will confirm that the meditation provision under the Health Act 2004 regarding the location of new staff positions is still currently active and in operation; and if she will make a statement on the matter. [35010/09]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 102: To ask the Minister for Health and Children the number of individual interventions made to the mediator under the provisions of the Health Act 2004; the grade and post of each individual that made an intervention; the dates of final agreement regarding each individual meditation; the cost to the Exchequer associated with each such intervention; and if she will make a statement on the matter. [35011/09]

Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 100 to 102, inclusive, together.

There is no provision for a mediation process contained in the Health Act 2004. However, arising from the establishment of the HSE and following an agreement with IMPACT, there was an option for certain former senior health board personnel, who did not obtain posts in the new HSE structure, to avail of a mediation process. The Department of Finance sanctioned the application, on an administrative basis, of public service superannuation "abolition of office" type terms where this was recommended by the independent mediator. This sanction was subject to the following conditions: it applied only to relevant posts at or above Director function; and the posts in question would be abolished with a corresponding reduction in the HSE's employment ceiling. The Department of Finance sanction was initially capped at 10 cases and, subsequently, to a maximum of 33. Since July 2007, specific sanction must be sought from the Department of Finance for each person availing of the scheme. A total of 22 people have exited the system under this arrangement to date. I refer the Deputy to my reply to Parliamentary Question 34344/09 on 6 October 2009, which provided information on cases processed since June 2006, including costs. As far as my Department is aware, there are only a small number of outstanding cases which would remain to be considered.

Since operational responsibility for the mediation process rests with the HSE. I have accordingly referred the Deputy's questions to the Executive for attention and direct reply to him.