The framework for the regulation of a consultant's private practice is contained in Section 20 of Consultant Contract 2008. It provides that the public to private practice ratio is to be implemented through the Clinical Directorate structure. It also gives the employer of the consultant concerned full authority to take all necessary steps to ensure a consultant's practice shall not exceed the agreed ratio of public to private practice.
The HSE collects and reports information from HIPE monthly, in arrears, in relation to the percentage of public and private work being undertaken at each Hospital on an elective in-patient basis and on a day-case basis. I have asked the HSE to revert to the Deputy in relation to the provision of all data available on compliance in each of the past three years.
I am very clear that consultants must deliver their work commitment to the public system. It is the responsibility of management to make sure these contracts are being enforced and I have asked the HSE to ensure that more robust measures are in place in 2018 to make sure consultants comply with their contractual obligations.