Fergus O'Dowd (Louth, Fine Gael)
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815. To ask the Minister for Health his views on concerns raised in correspondence (details supplied); and if he will make a statement on the matter. [19307/17]

Simon Harris (Wicklow, Fine Gael)
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This matter which concerns a lease between the HSE and the NMCDA has been the subject of many representations to my Department and to the Committee of Public Accounts.

The matters relating to the lease have been the subject of two separate independent and binding arbitration processes. In each instance the HSE has complied with determinations made by the two independent Arbitrators.

Your correspondence also references consideration of this matter by the Committee of Public Accounts (PAC). In this regard the PAC, in its most recent correspondence on this matter with the HSE on 16 February 2016, has affirmed that “Whilst the Committee wanted to find a resolution to this issue, it has always accepted that this was a matter for the HSE.” The Committee has also acknowledged that it was satisfied that it was dealing with a matter of administration and that no findings of fact that would breach the legal principles set down in McGuire v Ardagh [2002], were made.

My officials have discussed this matter with the HSE. The very clear view of the HSE is that the Executive has adhered entirely with the terms and conditions of the lease, and that, given its obligations under the Health Act 2004 (which requires that the HSE uses its resources efficiently and economically to deliver public health services), the HSE does not consider it appropriate to renegotiate the lease agreement.

Additionally, the Association was advised by my Secretary General that there were not sufficient grounds to intervene in what was essentially an operational matter which is the responsibility of the HSE under legislation. The HSE is complying with its commercial obligations, and is precluded from offering improved terms to the Association simply to improve its financial resources.