Pearse Doherty (Donegal, Sinn Fein)
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228. To ask the Minister for Health if his Department has factored the potential €700 million liability into its expenditure forecasts which is due to hospital consultants regarding historical pay issues, in view of the fact that the HSE withdrew its appeal against the award; the potential impact on fiscal space; and if he will make a statement on the matter. [4976/17]

Simon Harris (Wicklow, Fine Gael)
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The HSE recently withdrew its appeal against the decision of the EAT to make awards to two consultants who had made claims under payment of wages legislation. Separate to these cases approximately 500 consultants are pursuing High Court cases in respect of increases provided for when the 2008 contract negotiations were concluded. The Government determined in 2009 that the increases could not be paid given the economic downturn and the need to use all available health funding on the provision of services.

The decision of the HSE in relation to the EAT cases has no bearing on the State's position in relation to defending the High Court cases.

The Government intends to vigorously defend these cases. This Department in conjunction with the HSE, the Department of Public Expenditure and Reform and the Department of Finance, who are all parties to the cases, are progressing a comprehensive and robust defence of these claims in the public interest.

The Government therefore does not accept that the amount quoted by the Deputy is due.