Ciara Conway (Waterford, Labour)
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644. To ask the Minister for Health in view of recent concerns regarding top-up payments, his views on whether it is appropriate that Health Service Executive employees working in, but not seconded to, section 39 agencies should be in receipt of additional private top-up payments from those agencies; and if he will make a statement on the matter. [50704/13]

Ciara Conway (Waterford, Labour)
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645. To ask the Minister for Health his plans to conduct audits of section 39 agencies, including doctors' co-operatives such as Caredoc, Westdoc, Lukedoc, Eastdoc and so on, to assess whether Health Service Executive employees working in, but not seconded to, those agencies are receiving additional top-up payments from those agencies; and if he will make a statement on the matter. [50705/13]

James Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 644 and 645 together.

Employees of organisations which are grant-aided by the HSE under Section 39 of the 2004 Health Act are not categorised as public servants. Subject to their individual terms of employment and to compliance with the Organisation of Working Time Act 1997, HSE staff members are not prohibited from undertaking remunerated work for third parties outside of the public service. It is a shared responsibility of both employer and employee to ensure that involvement in any such additional activities does not have an adverse effect on the ability of a person to fulfil his or her duties as a health service employee. If the Deputy wishes to raise a particular instance that gives rise to concern, I will ask the HSE to look into the matter.