Clare Daly (Dublin North, United Left)
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190. To ask the Minister for Health the outcome of the review by his Department of compliance with Government and departmental policies on the part of a company (details supplied), an entity that is in receipt of public funds under sections 38 or 39 or both of the Health Act 2004; if this review identified inappropriate expenditure in respect of salaries of the chief executive officer, CEO, or equivalent and staff of the company; contributions towards pensions for the CEO or equivalent or other staff or both; contributions towards the expenses of a private company that are not separately identified in the accounts of the company; whether the sections 38 and 39 review indicated the company has been and is compliant with the provisions of the Companies Acts; and if his Department plans to suspend this company. [39129/14]

Leo Varadkar (Dublin West, Fine Gael)
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The agency the Deputy refers to received Section 39 funding of €200,000 (approximately) from the HSE in 2013. The verification and validation exercise carried out in respect of senior managers’remuneration was targeted at the larger Section 39 Agencies who received in excess of €5million in funding, therefore the agency was not included in the review exercise.

Staff in organisations funded under Section 39 are not classified as public servants, not counted in public service numbers, do not have public service pensions and are not bound by the Department of Health Consolidated Salary Scales. The HSE funds more than 2,600 agencies through 4,100 individual service level arrangements under Section 39 of the Health Act 2004. At the request of my predecessor and colleague Dr. James Reilly T.D., the HSE wrote to the CEOs of all Section 39 agencies outlining health sector pay policy and requesting each to have due regard to public pay policy, in particular in respect of senior management. Since 2013, in accordance with service level arrangements, the HSE requires all funded agencies to disclose senior manager remuneration.

My Department has no role in relation to reviews carried out under the Companies Acts.