Brian Walsh (Galway West, Fine Gael)
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Question 579: To ask the Minister for Health the number of hospital consultants who are understood to have treated a higher ratio of private patients at public hospitals than is permitted under the terms of their contracts; the total number of instances in which financial penalties have been imposed against hospital consultants who have breached their ratio; the amount of each fine; the way the Health Service Executive is addressing this problem; if he will provide a breakdown for each of these figures according to HSE administrative area; and if he will make a statement on the matter. [15502/11]

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 - 20% for new consultants, up to 30% for those who had such a level previously. The HSE in conjunction with the ESRI has introduced a range of new measurement systems in order to meet the requirements of the contract.

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, daycase, outpatient and diagnostic activity over the previous three months. 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.

At this juncture the focus of the HSE is on consultants who have been identified as engaging in as much as 50% private activity despite the passing of both the 9 month period allowed for resolution of the issue in the Contract and substantial additional periods of time for remittance of private fees. In January the HSE wrote to these consultants informing them that if they did not remit the required amount they would be required to cease private practice in respect of any segment of practice where they are in excess of the ratio specified in their contracts. It also advised them that as employer it would reserve the right to invoke the Disciplinary Procedure specified at Appendix II of the Contract. The more detailed information sought by the Deputy is not readily available. However I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.