Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 96: To ask the Minister for Health and Children if he will publish the audits and special investigation reports regarding public hospital consultants who were allegedly in breach of their contracts by continuing to conduct private practice or who carried out a level of private practice beyond the set limits; and if he will make a statement on the matter. [13055/11]

James Reilly (Dublin North, Fine Gael)
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The 2008 consultants' contract includes measures to strengthen the management, monitoring and control of activity in hospitals with a view to ensuring that the level of consultant private practice within public hospitals does not exceed the permitted ratio. The HSE in conjunction with the ESRI has introduced a range of new measurement systems in order to meet the requirements of the contract.

The HSE is currently auditing the implementation of the contract. Revised performance measures are currently being developed which will enable the Executive to publish summary statistics in relation to compliance towards the end of 2011.

Since January 2009 each consultant is issued with a monthly public/private mix measurement report. This documents the consultant's activity in relation to inpatient, day case, outpatient and diagnostic activity over the previous three months. Under the terms of the contract, written notification will issue within a period of a month to a consultant who exceeds the permitted level of private practice.

The contract provides that the employer may require the consultant to remit monies in respect of any private practice excess to a research and study fund.