James Browne (Wexford, Fianna Fail)
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447. To ask the Minister for Health if his Department and-or the HSE have in the past seven years entered into contracts with section 38 and or section 39 organisations whereby these contracts included a clause regulating and-or restricting the communication of these organisations with the media; and if he will make a statement on the matter. [6042/18]

Simon Harris (Wicklow, Fine Gael)
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My Department does not enter into contracts with section 38 or section 39 organisations.

A primary function of the HSE is to manage and deliver health and personal social services. It can either do this itself or it can enter an arrangement under section 38 or section 39 of the Health Act 2004 with a service provider to deliver the service. The legal framework available to the HSE for funding such service providers is set in sections 38 and 39 of the Health Act 2004.

Under section 38 the HSE may enter into an arrangement with a body or person for the provision of health and personal social services on behalf of the HSE; the employees of such a body are public servants. Under section 39 the HSE may give assistance to any person or body that provides services similar or ancillary to those provided by the HSE; the employees of such bodies are not public servants.

The HSE has established a framework of governance over funded organisations including a requirement for those organisations to sign a service level agreement or a grant aid agreement depending on the level of grant funding being provided. Agencies in receipt of funding in excess of €250,000 are subject to a service level agreement and agencies in receipt of funding less than €250,000 are subject to a grant aid agreement.

Since the details contained in those service arrangements and conditions set regarding the services in question are a matter for the HSE, I have referred this PQ to the HSE for direct reply.