Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To ask the Minister for Health if he will outline the accountability and oversight mechanism for the full implementation of consultants contracts, in relation to the public private mix of their work and the location of same; the frequency of inspection and reporting; if he is satisfied that consultants at St. Vincent's Hospital, Dublin and elsewhere are fulfilling their public service obligations; and if he will make a statement on the matter. [45883/12]

James Reilly (Dublin North, Fine Gael)
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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 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.

Under Consultant Contract 2008 written notification must issue within a month to any Consultant who exceeds the permitted level of private practice. If the problem persists after six months has elapsed, further written notification issues and the Consultant is required to meet with the Clinical Director, Hospital Manager or Chief Executive Officer and a timetable established for resolution of the issue within the following three months. If the matter has not been resolved, the Contract provides that the employer may require the Consultant to remit the private practice fees in respect of the excess activity to a Research and Study Fund. The requirement that Consultants pay back excess fees is to ensure that monies arising from private practice in excess of the permitted limit revert to the public health system via the research and study fund.

The proposals which emerged as a result of the recent engagement at the Labour Relations Commission between health service employers and the two consultant representative bodies encompassed provisions regarding private practice. These include a commitment by consultants to measures that ensure that public patients waiting for elective care of any type are seen within clinically appropriate timeframes and that the entirety of the Consultant’s private activity, including in-patient, day-patient and out-patient activity, is within contractual limits. The parties also agreed that the current methodology and process for private practice measurement would be accepted as a minimum base for the purpose of determining compliance with contractual commitments on private practice. The proposals also provide for a much strengthened management role for Clinical Directors in respect of all consultants.

I have asked the HSE to reply directly to the Deputy in respect of consultants working at St Vincent's Hospital, and elsewhere, fulfilling their public service obligations. My Department recently wrote to the Deputy CEO of the HSE, emphasising the need for the management of individual hospitals (HSE or voluntary) to pursue full compliance with the terms of consultant contracts, including the provisions on private practice. I understand this requirement has been communicated by the HSE to all relevant management, including the CEO's of voluntary hospitals.