Michael Conaghan (Dublin South Central, Labour)
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Question 620: To ask the Minister for Health the proportion of consultants in public hospitals that are in breach of their contractual obligations with regard to fee-paying clients; the action he proposes to take to ensure full compliance,; and if he will make a statement on the matter. [25020/12]

James Reilly (Dublin North, Fine Gael)
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A core policy objective of the Government's health reform programme is to ensure equal access to healthcare based on need, not income, through a single-tier health service supported by universal health insurance. Ensuring compliance with the contractual limits on private practice will increase the availability of consultants to treat public patients and help ensure that access to services in each hospital is determined solely by clinical priority.

Consultant Contract 2008 limits private practice for newly-appointed consultants on a Type B or C contract to 20% of activity. The upper limit for consultants who held a contract prior to 2008 is 30%. The HSE has put in place arrangements to measure consultants' private practice and to pursue issues of compliance where necessary. The HSE has advised that currently 49 consultants have been identified as being in excess of the ratio specified in their contract. The Contract provides for a series of steps to be taken where a consultant exceeds the level of private practice permitted in his or her contract.

The HSE has engaged with the medical unions and individual consultants to pursue the issue of compliance, with a particular focus on consultants who are significantly in breach of their permitted ratio. There has been a significant improvement in the level of compliance with the private practice rules. The matter is also being addressed under the Public Service Agreement and particularly the Health Sector Action Plan 2012.