Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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448. To ask the Minister for Health the action he will take in cases where it appears that some hospital consultants are exceeding the allowed 20% to 30% private practice; the impact this has on public hospitals; and if he will make a statement on the matter. [47993/13]

James Reilly (Dublin North, Fine Gael)
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The effective management of the terms of Consultant Contract 2008 is a key element in ensuring that the resources of hospitals are devoted primarily to the care of public patients.

Public hospitals are involved in a number of initiatives to improve access for patients and monitor waiting lists. A range of measures including the Common Waiting List, Special Delivery Unitand the Outpatient Services Performance Improvement Programme are on an ongoing basis working to manage and eliminate waiting lists and improve patient access.

Implementation of Consultant Contract 2008 is a matter for the HSE in the first instance. The Contract sets out clear rules on the permitted ratios of public-private practice and the measures to ensure that these provisions are complied with. Depending on contract type, a consultant may have no access to private practice (Type A contract holders), a cap of 20% private activity for newly appointed consultants (Type B) or a cap of up to 30% in the case of certain existing consultants. Under the Public Service Agreement, following negotiations at the LRC in September 2012, health service employers and the consultant representative bodies agreed a range of measures to support improved patient care, including a renewed commitment to consultant compliance with the limits on private practice activity.

The HSE has confirmed that compliance with permitted private practice levels continues to be monitored at hospital level and that the relevant provisions of the contract may be applied in cases where a consultant breaches the permitted ratio and does not take the necessary steps to bring his/her private practice back into line with the permitted level.