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COMMITTEE OF PUBLIC ACCOUNTS debate -
Thursday, 16 Jan 2014

Section 38 - Agencies Remuneration

Mr. Brian Conlan (former Chief Executive Officer, Central Remedial Clinic) called and examined.

We will now deal with No. 7, 2012 Appropriation Accounts of the Comptroller and Auditor General - Vote 39, Health Service Executive, section 38 agencies remuneration.

Before we begin, I ask members, witnesses and those in Public Gallery to turn off their mobile telephones as they affect the sound quality of the transmission of the meeting. I also advise witnesses that they are protected by absolute privilege in respect of their evidence to the committee. If witnesses are directed by the committee to cease giving evidence on a particular matter and they continue to do so, they are entitled thereafter only to a qualified privilege in respect of their evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against a Member of either House, a person outside the Houses or an official by name or in such a way as to make him or her identifiable. I remind members of the provisions within Standing Order 163 that the committee shall also refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government, or the merits of the objectives of such policies.

I welcome Mr. Brian Conlan, former CEO of the CRC, and Mr. Barry O'Brien and his officials from the HSE. Will Mr. O'Brien introduce his officials?

Mr. Barry O'Brien

I am accompanied by Dr. Geraldine Smith from the internal audit and the author the audit report and Ms Paula Lawler, who is a senior manager in HR.

I welcome Mr. Peter Brazel from the Department of Public Expenditure and Reform. I invite Mr. Conlan to make his opening statement.

Mr. Brian Conlan

I thank the Chairman. I would like to apologise that elements of my opening statement were in the media this morning but it had nothing to do with me.

This is my statement. Chairman, Deputies, ladies and gentlemen, I thank the PAC for this opportunity to make a statement regarding recent events at the CRC and my role in those events. My primary intention today is to give a full account to the committee pertaining to my role and knowledge of the CRC and to provide any information I can to assist the committee in its work. First, I want to say that I recognise the importance of the committee's work in this regard on several levels, not least in its role of flushing out the ambiguities that exist around how public moneys, no matter where they are sourced, are used by section 38 agencies. Everything should be clear and transparent to all stakeholders in charities but in terms of the CRC, that has not been clear or transparent enough prior to the committee undertaking its work.

Given the public access to this committee through the media and without seeking to justify for a moment the apportionment of moneys, which is not my aim, I respectfully ask that everyone with an interest in the continuation of the CRC's good work take into consideration a few facts. First, the importance and excellence of the CRC's service to its clients is not being questioned and that vital work depends on public support. Second, the percentage of the overall CRC budget that is under scrutiny with regard to additional salary payments is less than 1%. Third, the practice of paying allowances is being phased out. The salary for the office of chief executive has been pegged back to the HSE pay scale for the first time ever. This will give the next chief executive of the CRC a strong base from which to address the five remaining allowances. Fourth, a new board and chief executive will be able to start with a clean slate, with greater transparency and will be able to seek the public's continued vital support for its work. Finally, in this regard, I wish to address the public perception that has developed that charitable donations were siphoned off specifically to pay salary allowances. That was never my understanding of how funds were managed. The CRC pools all of its revenue from many sources each year into one fund and applies them jointly to the central overheads which include some salary allowances. Of course, all moneys received by the CRC are public moneys of one form or another and there is no support for salary payments in excess of HSE pay scales. The idea that there was a transfer of moneys from public donations directly to into the salaries of a number of executives is inaccurate in itself.

The second point I want to address relates to my appearance at this committee. When I was first asked to appear on 11 December 2013, I was not in a position to be an effective witness. I had just returned from my honeymoon in the United States, where I was for three weeks and where I first learned of the questions being asked. As the committee can appreciate, I was highly stressed by all that had transpired, particularly by the tone and volume of the media coverage. I had just tendered my resignation from the CRC and because of this, I was told that I had no access to my files in the CRC. In addition, prior to the PAC meeting that week, my home was besieged for days by journalists, forcing my wife and I to leave for several days in order to maintain some level of privacy. I did not have the time or the resources to prepare adequately for such an appearance and to be an effective witness. When these circumstances changed, I was happy to accept the invitation and I want to assure the PAC that no disrespect was intended by my failure to attend.

A number of issues have arisen which I would like to address, the first being the manner of my appointment. I was not responsible for my own appointment; nor was I responsible for setting the salary I was offered. When the position of CEO became available in the CRC in April 2013, having worked as CEO in the matter for eight years until December 2012 and having also served on the board of the CRC for eight years, I felt very qualified to apply. I inquired of the then chairman whether, as a member of the board, I could apply as an internal candidate. When he indicated that I could, I formally removed myself from any involvement in the discussion on the recruitment process and formally applied for the position to Amrop Strategis, the external consultancy appointed to manage the process. Please note that I would have done this regardless of whether the search was taking place on an internal or external basis. I then attended an interview co-ordinated by Amrop Strategis and three members of the CRC board and was subsequently offered the position with a salary of €125,000. I found out later that there were three other internal candidates interviewed for the position.

On my appointment, I became aware of the HSE issues with the salary my position had been awarded and I set about establishing a salary scale for the job. The salary was 48% lower than that of my predecessor and approximately €15,000 higher than that of the line managers who report to the CEO's office. A salary range was eventually agreed with the HSE of group 1 chief executives on a scale of €82,000 to €98,000. My own salary was reduced to reflect this. As the salary awarded had been greater than the HSE-approved figure, I have since returned any excess. When I took over as CEO of the CRC, five members of the senior staff were on salaries in excess of the HSE-approved levels and were in receipt of what are now called top-up payments. While I totally understand the confusion that these payments have caused in the public domain, I would like to provide some context for their payment. Top-up payments or allowances were ordinarily used when the amount received from the HSE would not cover the full cost of a salary. They were also used in consideration of people taking on extra duties and responsibilities. In respect of the CRC, it is my understanding that these payments were made with the full knowledge of the HSE, arising from discussions between the executive and the chair of the board in 2009. It was also agreed with the HSE that this practice would be phased out and that all salaries would become compliant over time.

In July 2013 when I took up the position of CEO, allowances in the CRC amounted to a total of approximately €125,000 annually. I was not happy with this and resolved to end the practice as soon as practicable. As some of the recipients were coming close to retirement, I decided to do this on a phased basis. I firmly believed that with time and a pragmatic approach from all involved, this matter could be resolved. I also instructed that all future recruitment would be done in a HSE-compliant fashion.

Questions have also been raised in this chamber and in the media about the sale of CRC Medical Devices which I would like to address. CRC Medical Devices was set up in 2007 with the intention of raising extra moneys to support and develop CRC activities. A loan of €550,000 from the Friends and Supporters of the Central Remedial Clinic Limited was approved for this venture. The business was importing and customising wheelchairs for individual users and was moderately successful initially. However, due to the decline in the economy and the resulting pressure on prices and margins, the company struggled in subsequent years. By December 2012 the accumulated losses were €462,000. On being appointed CEO of the CRC, my first priority was to sort this matter out. I set about exploring options, including closing the business or selling it. I decided on the latter and three companies expressed an interest in purchasing the business. One of these companies, MMS Medical Limited, signed the sale agreement to procure the goodwill, assets and stock last November for approximately €410,000, which could rise to €510,000, which will, over time, be paid back to the Friends and Supporters of the Central Remedial Clinic Limited. This agreement also had the added advantage of protecting the jobs of the employees of CRC Medical Devices. While I fully recognise that it does not fully cover the full cost of the investment, I believe it is the best deal that we could have completed, given the time scale and the losses being incurred.

I have worked in medical administration for over 20 years. During that time I was CEO in the Mater Hospital for eight years, Deputy CEO for five years and finance director for seven years. During my time in the Mater I was responsible for 3,000 staff and budgets ranging from €200 million to €250 million per annum. I also played a significant role in the new Mater Hospital development programme, a €300 million project which was brought in on time and on budget. I was intrinsically involved with the medical specialists in bringing in the lung transplant programme to the Mater Hospital. I have served on many boards in a voluntary capacity. I have always acted in a professional and honest way. Recent events and the way they have been reported have upset me greatly, not just the way in which my reputation was sullied without basis, but also the way in which the whole CRC organisation has been cast under a shadow.

I am well aware of the great work it does every day. I am saddened by the effect these events are having on its ability to raise much-needed funds for the good work it does. As I said at the outset, I was in the US when these events began to unfold. Due to the scale and nature of the coverage and commentary on the matter, I felt the CRC was being damaged and wholesale change was needed at the top of the organisation so that the public can engage with and trust it again. It was for that reason that I felt the appropriate thing for me to do was to tender my resignation, thereby giving the CRC a chance to win back the public's trust, which is so vital to its ability to raise funds and secure its annual operations and future enhancements.

As regards non-compliance on salaries, I have played a part in establishing a precedent whereby the remuneration of chief executives of the CRC will be set in compliance with the HSE for the first time in the history of the CRC. In time, this will be a key factor in securing the adjustment of the remaining salaries that exceed the pay scales. This should position the CRC to be in full compliance with the HSE. It should form the basis for full transparency to all of the CRC's stakeholders in the future. I hope these adjustments and changes will allow people to see their way to continuing their much-needed support for an organisation that has made a telling contribution to its clients, their families and the wider community since its establishment in 1960. That concludes my statement. I thank the committee for its forbearance.

I thank Mr. Conlan. Can we publish his statement?

Mr. Brian Conlan

Yes.

I call Deputy Ross.

I would like to begin by referring to the letter that the Chairman received from the director general of the HSE yesterday. We have all got copies of it. I want to get those issues out in the open before I raise them with Mr. Conlan. It appears that at its meeting of 11 December last, this committee was misled about the terms of the pension awards to Mr. Paul Kiely. It was certainly misled by omission, and I suggest it was knowingly misled. According to the letter that was sent to the Chairman, there are specific issues regarding what we were told. The letter suggests that an additional lump sum was paid to Mr. Kiely, and not declared, as part of a confidential agreement that was obviously never supposed to see the light of day. The letter also suggests that payments made to Mr. Kiely might be in breach of the memorandum and articles of association of the CRC. This is an extraordinarily serious suggestion for the HSE to make. We are talking about large payments which, as part of a kind of pretend operation, allow Mr. Kiely to be paid a pension as though he had worked until November 2016. We did not know about that either. Before we go ahead and ask questions of Mr. Conlan, who was on the board at the time, I would like to ask the representatives of the HSE whether they have anything with which they can back this up. Can they give us any evidence in support of what has been suggested?

In light of the seriousness of this matter and in light of Mr. Kiely's appearance at this committee, I ask Mr. O'Brien to elaborate fully or as much as he possibly can on the letter we have received.

Mr. Barry O'Brien

I have an update report. With the permission of the Chair, I could read it for the record.

Could it be circulated to members? Could we have copies of it as well?

Mr. Barry O'Brien

Yes. We have copies of it.

Perhaps they might be made available in the first instance.

Mr. Barry O'Brien

Of course.

Would it be okay to publish the report?

Mr. Barry O'Brien

It is a factual report from the interim administrator to the director general. I intend to read it into the record.

Okay. Once it has been read into the record, it will be a published document and we can allow the media to access it.

Mr. Barry O'Brien

This is a report from the interim administrator of the Central Remedial Clinic to Mr. Tony O'Brien, who is the director general of the HSE. It is dated 14 January 2014. It states:

Dear Mr. O'Brien,

As you will be aware, as the Interim Administrator I am working through a range of operational, governance and legacy issues at the Central Remedial Clinic (CRC).

It is anticipated that much of the related work and audits will be completed by the end of the first quarter of this year, at which time issues requiring further attention of the CRC/HSE will have been identified. However, at this stage, it is necessary to brief you on a significant remuneration issue which has now been identified.

The issue of remuneration continued to be a live issue for the Board of Governors of the CRC in early 2013. The Chairman formally announced to the Board, at a special meeting in February 2013, that the Chief Executive, Mr. Paul Kiely wished to resign in June 2013. The Board accepted Mr. Kiely's resignation and approved, notwithstanding the focus on remuneration, a retirement package. The Chairman, in outlining the details of this package, intimated that the proposed package 'was considerably less beneficial to Mr. Kiely' when compared with the terms of the HSE's Early Retirement Scheme. It was, also, agreed by the Board that the terms of Mr. Kiely's settlement would be confidential and that a legally binding confidentiality agreement would be put in place.

Mr. Kiely received in his final salary payment from the CRC in June 2013, the following amounts in addition to his basic salary:

€200,000 Tax Free

€273,336 Taxable

€473,336 Total

In addition, an amount of €268,689 was paid to Mercers to ensure that Mr. Kiely's pension/lump sum benefits would not be less than if Mr. Kiely had continued to remain on as Chief Executive until November 2016. At about the time of this final payment, an amount of €700,000 (in two instalments of €450,000 and €250,000) was paid by the Friends and Supporters of the CRC that was described in the draft internal accounts as a donation. The minutes of the Friends and Supporters does not record an approval for this 'donation' (which represents almost half its annual income) by the Board of Directors. The payments to Mr. Kiely could not have been made by the CRC if the €700,000 had not been received from the Friends and Supporters.

The above arrangements raise a number of serious matters:

- The CRC's Memorandum of Association allows its income, whencesoever derived, to be applied for payment of reasonable and proper remuneration of any officer in return for services actually rendered. Payment of ex gratia amounts of the magnitude paid in the above case would not appear to be in line with the Memorandum.

- The benefits derived from the package paid, coupled with the benefits to be derived from the payment of further benefits under the terms of Mr. Kiely's defined benefit pension scheme membership, could not be regarded as being considerably less beneficial to Mr. Kiely than the HSE Early Retirement Scheme.

- The cost of the package to the CRC/Friends and Supporters of the CRC is substantially greater than an option of allowing Mr. Kiely to retire on the basis of pension benefits accrued to date of retirement. However, early retirement with payment of benefits was not an option under the terms of the pension scheme. It should be noted that pension and lump sum benefits would be paid out of the pension fund and not by the employer. The CRC contributes to the pension fund on a current basis.

- Payment calculations in relation to benefits are based on a remuneration, of which, approximately half, has not been adjusted for public sector pay cuts.

In relation to confidentiality, it is difficult to envisage how payments amounting to €700,000 by the Friends and Supporters to the CRC which is clearly linked to the payment made to Mr. Kiely could, or indeed should, not be disclosed in the accounts of the Friends and Supporters of the CRC and the CRC.

It should also be noted that the minutes of the Board of Governors meetings (which record the Board approval of the package) are subject to disclosure under FOI.

I have not, as yet, had sight of the detailed advices (from EY and Mercers) provided to the Board/Remuneration Committee in support of the granting of the package/payments, and these may cast further light on the Board's rationale for sanctioning the package. However, on the basis of the available documentation, the arrangements are considerably at variance from the understanding the PAC may have gained from evidence given at the hearing attended by representatives of the CRC Board of Governors. The onus is on the HSE, as its accounts are the subject of the examination by the PAC, to ensure that complete information, in so far as is possible, is available to the PAC.

At this stage, it is necessary for the CRC to satisfy itself that the payments made/benefits conferred are reasonable and proper (in the context of its Memorandum of Association) and that any amounts paid were correctly calculated and authorised. In the event of there being a loss to the CRC (or the Friends and Supporters of the CRC), steps will be required to be taken to make good that loss and deal with other consequential issues.

Yours sincerely,

John Cregan

Internal Administrator

Thank you, Mr. O'Brien. I call Deputy Ross.

I thank Mr. O'Brien for bringing this to our attention so rapidly. It is difficult, in a short period, to take it all in. Perhaps Mr. O'Brien will clarify a few issues for us. He is obviously correct that this is many miles away from what the committee was told. The package deal for Mr. Kiely is unrecognisable. What we understood, and this came out at the previous meeting, was that Mr. Kiely was getting €200,000 tax free. What we did not understand, did not know and were not told was that there was an extra sum of €273,000 which was taxable. Presumably this was part of his pay-off. We now find that what Mr. Kiely got was €473,000 as a kind of pay-off, with €273,000 taxable. Is that correct?

Mr. Barry O'Brien

That is correct.

Mr. Kiely got an extra €273,000 which we knew nothing about. On top of that, we have a figure of €268,000, which was to ensure he gets a bigger pension, as though he worked until November 2016.

Mr. Barry O'Brien

That is correct.

He, therefore, got an extra €700,000. There is, in the accounts of the Friends and Supporters of the Central Remedial Clinic and those of the Central Remedial Clinic, a transfer of €3 million from the Friends and Supporters of the CRC. This caused a great deal of controversy. Is the €700,000 figure part of that €3 million figure?

Mr. Barry O'Brien

No, the €700,000 is in addition to the €3 million, as advised by the internal administrator in clarifying that before we attended this meeting.

We have, therefore, €3 million from the Friends and Supporters of the CRC and €700,000 on top of that, about which we were not told anything and which does not feature anywhere in the accounts.

Mr. Barry O'Brien

That is correct.

It just does not show.

Mr. Barry O'Brien

That is correct.

This is what the HSE must ask the auditors about.

Mr. Barry O'Brien

That was only paid in 2013.

In that case, it should be in the 2013 accounts.

Mr. Barry O'Brien

The report of the director general clearly says it was part of Mr. Kiely's final salary payments in June 2013 so it should-----

It should and will appear in the 2013 accounts-----

Mr. Barry O'Brien

Yes, obviously.

As to whether it was going to appear, there was obviously an intention that this should never see the light of day. Is that Mr. O'Brien's understanding from this?

Mr. Barry O'Brien

The committee will be aware that there was a hearing at which the CRC attended and gave evidence. Our director general took immediate steps following that meeting. That was well documented and publicised. On 18 December 2013, Mr. Cregan was appointed as the internal administrator in the CRC. At the time, we also gave a number of commitments to the Committee of Public Accounts that, following Mr. Conlan's resignation, we would immediately seek to fill the next CEO post by the Public Appointments Service, which is a matter in hand, and also on the issue of replacing the board. This is part of the commitments the HSE gave the Committee of Public Accounts as to how it would ensure the stabilisation of the CRC and ensure that its absolutely essential services and the work that all the staff are doing continued, but also bring absolute clarity to the governance of the organisation.

A legally binding confidentiality agreement was to be put in place. Does that mean there is a penalty for those who reveal it?

Mr. Barry O'Brien

That is what Mr. Cregan has determined from his examination of the documentation and the evidence since he has been in place.

Has Mr. O'Brien seen this legally binding confidential agreement? Has Mr. Cregan seen it yet?

Mr. Barry O'Brien

I presume he has seen it referenced in the board's decision to approve the package because he makes reference to when the package was approved.

Members of the board will, therefore, have signed the confidentiality agreement.

Mr. Barry O'Brien

Yes, but he makes the following point in his report to the director general: "It should also be noted that the minutes of the Board of Governors meetings (which record the Board approval of the package) are subject to disclosure under FOI."

Will Mr. O'Brien elaborate on how this may be contrary to the memorandum and articles?

Mr. Barry O'Brien

Mr. Cregan indicates that the CRC's memorandum of association "allows its income, whencesoever derived, to be applied for payment of reasonable and proper remuneration of any officer in return for services actually rendered". Obviously, the payment of ex gratia amounts of the magnitude paid in the above case would not appear to be in line with the memorandum on a number of issues. First, they are not being paid for actual services rendered.

Finally on this issue, will the HSE seek to reclaim any of this money if it looks as if it was contrary to the memorandum and articles?

Mr. Barry O'Brien

Mr. Cregan has advised the director general of the following:

At this stage, it is necessary for the CRC to satisfy itself that the payments made/benefits conferred are reasonable and proper (in the context of its Memorandum of Association) and that any amounts paid were correctly calculated and authorised. In the event of there being a loss to the CRC (or the Friends and Supporters of the CRC), steps will be required to be taken to make good that loss and deal with other consequential issues.

The HSE will seek to reverse the transaction or transactions if there is good reason for doing so.

Mr. Barry O'Brien

That is correct.

Does Mr. Conlan have any comments to make on that?

Mr. Brian Conlan

My first comment is that this is the first I have seen of any of this. On the correspondence, which I only became aware of last night in the media, my only comment at this stage is that the only information that I was aware of in relation to Mr. Kiely's retirement package was the €200,000 tax free that he reported to the PAC in December. I was not aware of any of the additional payments sanctioned. I was not at any board meeting that signed off this agreement and I was not part of any confidentiality agreement that was signed. I am coming to this having seen this for the first time today.

Mr. Conlan was a member of the board at the time.

Mr. Brian Conlan

Yes.

This happened in February 2013-----

Mr. Brian Conlan

Yes.

-----and Mr. Conlan was not aware of it.

Mr. Brian Conlan

I was not at the board meeting.

Were there minutes of the board meeting?

Mr. Barry O'Brien

The letters states: "It should also be noted that the minutes of the Board of Governors meetings (which record the Board approval of the package) are subject to disclosure". It says here that there are minutes of the board of governors meeting which recorded the approval of the package.

Did Mr. Conlan not read the minutes?

Mr. Brian Conlan

No.

You were a member of the board and did not read the minutes of the board.

Mr. Brian Conlan

It certainly-----

I have to say, Mr. Conlan, that I simply do not believe you. You were a member of the board. You applied for the job of chief executive afterwards and yet you did not read the minutes of the board meetings you attended.

Mr. Brian Conlan

What I am saying to you, Deputy Ross, is that I was not aware that these payments were being made to Mr. Kiely. I was aware of the payments being made, as he outlined to the Committee of Public Accounts in December. This is completely new to me and is completely separate. I am as surprised as anybody about what has transpired here today. There was no record in the files in the office for the four and a half months I was there that would give lead to any of this having been agreed.

There was a record in the minutes. Mr. Conlan is a member of the board. There is a record in the minutes. There is a €700,000 transfer and he knew nothing about it.

Mr. Brian Conlan

That is correct.

I am gobsmacked. What does Mr. Conlan think of it? Would he have opposed it if he had been there?

Mr. Brian Conlan

I am surprised and alarmed.

Mr. Conlan, you were not just a member of the board. Was he not on the audit committee?

Mr. Brian Conlan

I became a member of the audit committee in October 2012.

So Mr. Conlan was on the audit committee when this happened. He was a member of the board and a member of the audit committee and he did not know about the €700,000 transfer.

Mr. Brian Conlan

None of it would have transpired at the audit committee. This was in-----

But the audit committee sees and surveys the movement of money in and out, surely?

Mr. Brian Conlan

No, it does not. The audit committee in the CRC just reviews the audit preimposed on it.

So Mr. Conlan was not aware of what was going on at the time.

Mr. Brian Conlan

No.

And members of the board were not informed of this-----

Mr. Brian Conlan

No.

-----and an enormous package was agreed among the board for the ex-chief executive and Mr. Conlan was not aware of it. Were there any other members of the board not aware of it?

Mr. Brian Conlan

I do not know.

All right. I think we will go on. Will Mr. Conlan talk about the interview process for his job?

Before Deputy Ross goes into that issue, arising from his question perhaps the committee could have a copy of the minutes of that board meeting from the HSE as soon as one comes across it.

Mr. Barry O'Brien

Yes.

Will Mr. Conlan tell the committee about the interview process for his job? Mr. Kiely announced he was leaving at the board meeting in February. When did Mr. Conlan find out he was leaving, given that he was not at that board meeting? Did anybody tell Mr. Conlan?

Mr. Brian Conlan

I found out in March that Mr. Kiely was leaving.

Was it not before that? Even though he told the board.

Mr. Brian Conlan

I have 26 March in my diary as the date. On 25 March the board was notified of Mr. Paul Kiely's intention to retire on 16 June 2013.

Maybe I am wrong but according to this letter which we got it was in February.

Mr. Brian Conlan

My records-----

I ask Mr. Barry O'Brien if that is correct, that it was in February.

Mr. Barry O'Brien

Yes. It was actually-----

A special meeting in February.

Mr. Barry O'Brien

-----a special meeting in February.

The chairman formally announced to the board at a special meeting in February that he was going to resign.

Mr. Barry O'Brien

Yes.

How come Mr. Conlan did not know until March?

Mr. Brian Conlan

My records show that the board meeting of 25 March was when it was announced that Mr. Kiely was leaving.

Mr. Conlan's records are obviously wrong. His records are in direct conflict with what we have got more recently and the HSE has looked at the records. When did Mr. Conlan find out that Mr. Kiely was leaving?

Mr. Brian Conlan

On 25 March.

There was a meeting of the board in February, but Mr. Conlan was not present, at which Mr. Kiely announced his resignation and nobody told Mr. Conlan between then and 25 March that he was leaving. Is that right?

Mr. Brian Conlan

Unless my date is wrong. I am just going from the information that I have. The Deputy must understand that I have not been around the CRC for two months. I am trying to pull information in scraps so I am trying to figure out dates. I am trying to assist the Deputy. Maybe it was February and not March but my notes say "March".

Did nobody telephone Mr. Conlan after that meeting in February and say, "by the way, the boss is going"?

Mr. Brian Conlan

That is a reasonable suggestion, so maybe it was February.

Did someone tell Mr. Conlan or did he know in advance of that? Did Mr. Kiely tell Mr. Conlan before that?

Mr. Brian Conlan

No. Absolutely not.

How did Mr. Conlan find out?

Mr. Brian Conlan

It would have been through a telephone call I would have received from the Central Remedial Clinic. I cannot recall.

So Mr. Conlan did know arising from a telephone call. It was not at a board meeting that he found out. He found out from a telephone call. Is that correct?

Mr. Brian Conlan

Yes, because I was not at the board meeting.

When did Mr. Conlan decide he wanted his job?

Mr. Brian Conlan

After the internal advertisement was placed in the CRC I looked at the job specification and the skills requested of the CEO and I felt this was a job that would suit my skills and my experience and decided, having discussed it with my colleagues and my family, I should apply for the job.

When was that?

Mr. Brian Conlan

At the beginning of May.

Were the requirements not discussed at the board before then? When Mr. Kiely decided to go, it was decided to put in a recruitment agency which was Amrop. Is that right?

Mr. Brian Conlan

Yes.

Presumably the board discussed who to appoint.

Mr. Brian Conlan

Yes.

Was Mr. Conlan at that meeting?

Mr. Brian Conlan

No.

Mr. Conlan was not at that meeting either.

Mr. Brian Conlan

No. I do not believe so.

So Mr. Conlan did not know anything about-----

Mr. Brian Conlan

I was not aware that Amrop was appointed until later on. It was not until I saw the internal advertisement placed in the CRC, towards the end of April, that I made up my mind to apply for the job.

So Mr. Conlan was not aware of any of the qualifications necessary, the drafting of the advertisement or anything like that. Did it all go over his head?

Mr. Brian Conlan

No. None of this was discussed-----

By the board.

Mr. Brian Conlan

No, none of this was discussed.

How many board meetings did Mr. Conlan miss? Did he miss just one?

Mr. Brian Conlan

Obviously, I missed the February meeting with regard to the letter we have discussed.

Did Mr. Conlan miss any others? I would assume that the discussion of the new appointment would go through the board and who was appointed would be recruited-----

Mr. Brian Conlan

It would have been discussed by the selection committee rather than the board. The board did not get into discussions on the new CEO.

It was a sub-committee of the board set up to do that?

Mr. Brian Conlan

Yes.

That is fine. Mr. Conlan was not on it.

Mr. Brian Conlan

No.

What about it not going out to tender? How did Mr. Conlan feel about that? It was a big internal appointment.

Mr. Brian Conlan

I felt it was a good process to look inside first for any talent inside to give the internal candidates a chance but always reserving the right to go outside if that was not successful. That is what the CRC did.

And Mr. Conlan qualified as an internal candidate.

Mr. Brian Conlan

I requested of the then Chairman-----

Who was that?

Mr. Brian Conlan

Mr. Ham Goulding.

Mr. Brian Conlan

----whether, as a member of the board, I would qualify and he said, "Yes".

So Mr. Conlan decided to apply.

Mr. Brian Conlan

I decided to apply.

What did Mr. Conlan do then?

Mr. Brian Conlan

I made my application and copied it to Amrop.

Who interviewed Mr. Conlan?

Mr. Brian Conlan

I was interviewed by the selection committee.

Who were they?

Mr. Brian Conlan

Ham Goulding, Jim Nugent, Alva Rice Jones-----

Sorry, Mr. Conlan. They were Ham Goulding, Jim Nugent-----

Mr. Brian Conlan

Alva Rice Jones and a member of the Amrop team.

Three or four of them.

Mr. Brian Conlan

Four.

All of whom Mr. Conlan knew well.

Mr. Brian Conlan

I would not say I know them well. I know them as board members and colleagues but, other than that, I do not know them.

Yes, but Mr. Conlan knew them a long time as he was on the board a long time. How long was Mr. Conlan on the board?

Mr. Brian Conlan

About ten.

Ten years, so Mr. Conlan knew them-----

Mr. Brian Conlan

Sorry, I was on the board for eight years. I thought you asked how many were on the board.

Eight years.

It looks like Mr. Conlan is an insider and looks like he was selected by his peers. We are struggling with the fact it looks like it was not a particularly independent appointment. It looks particularly awkward that Mr. Conlan was not there for Mr. Kiely's top-up. However, let us get on with our business.

When Mr. Conlan was appointed to the job of chief executive of the CRC, did he give up his pension from the Mater?

Mr. Brian Conlan

My pension from the Mater Hospital was abated.

It was abated, so Mr. Conlan gave it up.

Mr. Brian Conlan

It was abated, so I did not give it up fully. It was abated, based on the requirements.

Mr. Conlan also had a consultancy, which he set up in January 2013. Did he give that up as well?

Mr. Brian Conlan

Effectively yes.

What does that mean?

Mr. Brian Conlan

I finished all of my consultancy work at the end of May and have not carried out any more.

Did Mr. Conlan hand over his clients and tell them he would not do any further work?

Mr. Brian Conlan

I did not have clients as such. I had jobs to do. It was not the most lucrative business in the world. I had five or six jobs given to me to do, by a range of clients, but there were no ongoing arrangements in place.

So, the consultancy was kind of closed down. Did Mr. Conlan retain it and is he back to it now?

Mr. Brian Conlan

I hope to get back to that now.

Was there any conflict between being a consultant and being on the board of the CRC?

Mr. Brian Conlan

No, not that I could see.

Can we move on now to CRC Medical Devices, which Mr. Conlan mentioned in his statement? Mr. Conlan says a loan of €550,000 from the Friends and Supporters of the CRC was approved. I think he means the loan was from the CRC itself.

Mr. Brian Conlan

The loan was underwritten by the Friends and Supporters------

But the loan was from the CRC.

Mr. Brian Conlan

Yes.

Yes, and it was underwritten by the Friends and Supporters of the CRC. What was the point of CRC Medical Devices and why was it set up?

Mr. Brian Conlan

It was set up as a commercial venture to make money. It was to assist in the development of services for the CRC. That is the reason it was set up.

Was it Mr. Conlan's brainchild or whose was it?

Mr. Brian Conlan

It was the brainchild of a number of people in the seating department.

Mr. Brian Conlan

I suppose I am concerned about mentioning names here.

Just tell us whose idea it was. Who were the lead people?

Mr. Brian Conlan

It was primarily Paul Kiely and Simon Hall.

Did they work for CRC Medical Devices or did they work for the CRC? Who paid them?

Mr. Brian Conlan

The CRC. They took no wage for CRC Medical Devices.

Did they ever get any wage from CRC Medical Devices at all?

Mr. Brian Conlan

No.

Was Mr. Conlan aware of the setting up of the business or involved in it?

Mr. Brian Conlan

I was not involved - I was part of the decision making team of the board to give it the green light at the time.

What did it do?

Mr. Brian Conlan

What it did was acquire and customise wheel chairs and sell them into the market. It was really an extension of the work that was already happening within the seating department in the CRC anyway.

Did the CRC buy any wheel chairs from CRC Medical Devices?

Mr. Brian Conlan

No.

Did the CRC recommend that any wheelchairs should be bought from CRC Medical Devices?

Mr. Brian Conlan

Not that I am aware of. I am not exactly familiar with the trading arrangements around CRC Medical Devices. My real input came from the first day I was employed as CEO, and that was to bring it to a conclusion.

Sure, but CRC Medical Devices was a very important part of the troika of companies we are talking about, because it was such a confounded nuisance, as things turned out. It lost so much money.

Mr. Brian Conlan

Yes.

Mr. Conlan would know about this and should correct me if I am wrong. My understanding is that if one is a client of the CRC, it takes the client in and decides what sort of a wheelchair the client should have. Is that correct?

Mr. Brian Conlan

Correct.

It then recommends who the wheelchair should be bought from. Is that correct?

Mr. Brian Conlan

I would not be 100% knowledgeable on the nitty gritty, but yes.

Mr. Conlan should be, because this is very important. The CRC recommends who the wheelchair should be bought from. In many cases, it recommended that the particular wheelchairs should be bought from CRC Medical Devices. Is that not correct? Let me put it this way. Has Mr. Conlan heard of a company called Invacare?

Mr. Brian Conlan

Yes.

It is possibly one of the biggest wheelchair companies in the world. Is it correct that CRC Medical Devices had an agency for Invacare? Mr. Conlan knows that. The CRC was buying Invacare's products-----

Mr. Brian Conlan

Yes.

-----and it was buying them through CRC Medical Devices. Is there any conflict of interest there? It was recommending that its clients buy from them.

Mr. Brian Conlan

I just wanted to say that my role in CRC Medical Devices only came into being when I joined the CRC as CEO. I had no hand, act or part to play in the day-to-day operation of CRC Medical Devices.

I am just asking whether Mr. Conlan was aware of what was going on?

Mr. Brian Conlan

No, I was not. How would I be? I am a director who attended from two to three board meetings a year. I was not even on the board of CRC Medical Devices.

Were there only two or three board meetings a year?

Mr. Brian Conlan

I attended only two or three board meetings of CRC a year.

Mr. Conlan must have missed an awful lot of meetings.

Mr. Brian Conlan

Given my commitments at the Mater Hospital, which were considerable. It is an agency with an expenditure of €250 million and 3,000 staff and I was also involved in building a new hospital for €300 million and was a director of 12 other companies. Also, my membership of the CRC board was directly related to my position as CEO of the Mater Hospital to protect the pension arrangement between the two. My attendance at CRC board meetings was probably approximately 50%.

I thought there were 12 meetings a year. I thought there was one a month.

Mr. Brian Conlan

No, five.

There were only five a year.

Mr. Brian Conlan

Only five CRC board meetings, but CRC Medical Devices was not part of the CRC, it was part of the Friends and Supporters of the CRC.

Certainly, but it was-----

Mr. Brian Conlan

I was not a member of the CRC Medical Devices board.

The CRC had lent CRC Medical Devices €550,000. It set up the business. It was vital to the CRC that CRC Medical Devices made money.

Mr. Brian Conlan

I absolutely do not dispute that fact. What I am saying is that my primary role in the CRC Medical Devices story arose when I joined the CRC on 1 July last year, that was to deal with the crisis.

Yes, I understand that, but I do not accept it. What I am asking here is whether the CRC, of which Mr. Conlan was a director, was fatally conflicted in that it was in a position to order and was ordering wheelchairs and other products from CRC Medical Devices? It was recommending that clients went to it, possibly because it would benefit.

Mr. Brian Conlan

I cannot answer that question.

Was Mr. Conlan not aware of that?

Mr. Brian Conlan

I cannot answer that question, because I was not aware of it. I would not have that level of knowledge about the operation of CRC Medical Devices and the CRC.

I do not want to labour the point, but would Mr. Conlan, as a director of the CRC, not have found out how the company which was set up and to which it lent €550,000 was operating and what its relationship was with the company of which Mr. Conlan was a director?

It was very important to Mr. Conlan that the relationship worked. It was very important to Mr. Conlan that it was straight and that it was not conflicted. It seems patently obvious that there was a terrible conflict of interest, but what concerns me is that the board members either were not aware of it or are saying they were not aware of it. Mr. Conlan is saying he was not aware of it.

Mr. Brian Conlan

That is the truth. I was not aware of it.

Mr. Conlan is aware of it now. Does he accept it now?

Mr. Brian Conlan

I am aware of it now but I would need to have a look at it. This is simply a discourse between the two of us. I do not know if what Deputy Ross is saying is an actual fact.

If Mr. Conlan did not go to many board meetings then I am not surprised. It is an extraordinary situation.

Mr. Brian Conlan

I had to make the best use of my time. I was extremely busy. I had to make the best use of my time.

Yet Mr. Conlan stated in his presentation today that having served on the board of the CRC for eight years he felt very qualified to apply.

Mr. Brian Conlan

Before that I stated that I had been chief executive of the Mater Misericordiae University Hospital for eight years. That was obviously the number one reason I would have been qualified to do the job. I had that sort of role already.

That did not relate to the CRC.

Mr. Brian Conlan

Not in the nut and bolts of it. I do not think-----

Your time is up, Deputy.

I have a few more questions, Chairman, if that is okay. I will not be long.

Other members have indicated. You can come back in again.

I will come back in again. I will finish with the medical devices company. I have some other questions to ask later but I will come back later. Is that okay? I have some important questions for later but I will leave them. I will finish this section on the CRC medical devices company.

Mr. Conlan came in. This company was a dog. It lost money every year. I cannot understand why it lost money because there were significant margins and its competitors seemed to be making money. According to research that I have done, at least 80% of its competitors were making money but this company did not. Mr. Conlan decided to sell it, which may have been a good decision. Mr. Conlan decided to do that early on. Why was there no tender?

Mr. Brian Conlan

We made a decision because of the timescale involved. The company was losing between €8,000 and €10,000 per month and if we extended the term, the company would have ended up being wound up rather than sold on. We put the word out into the market. Everyone who was anyone in the business was aware of it.

Why was there no tender?

Mr. Brian Conlan

A tender would have taken a considerable amount of time. It was a decision I had to make. Sometimes one must take decisions. The risk was that we would get nothing back. At least now, with the agreement that has been put in place with MMS Medical, there is some recovery of moneys and the six jobs that had been in CRC Medical Devices were saved. I believe that if we had gone to tender and extended it for six months or longer, the company would have gone bust. That would have been the end of it, no moneys would have been received back and the jobs would have been lost.

The company was guaranteed and underwritten by the Friends and Supporters of the CRC. It was not going to go bust. There was €14 million sitting in the Friends and Supporters of the CRC account guaranteeing it. A letter of support went from the Friends and Supporters of the CRC stating it would support the company. How could it go bust?

Mr. Brian Conlan

The board had run out of patience.

That is a different thing from going bust.

Mr. Brian Conlan

The board would have let it go bust.

That may have been no harm. The problem is that the CRC sold the company to MMS.

Mr. Brian Conlan

We sold aspects of it to MMS.

There was a close relationship between Mr. Conlan and MMS and the various people involved.

Mr. Brian Conlan

The first time I met anyone from MMS was when the deal started.

Yes, but Mr. Conlan was not around much. By his own admission he did not have time to go down there too often.

Mr. Brian Conlan

I was chief executive for four and a half months.

I know that. That is all. Mr. Conlan was also on the board for eight years. This is my final question on this section. I will come back again. Did Mr. Conlan ever travel on behalf of the CRC or MMS?

Mr. Brian Conlan

I travelled to Dortmund to meet one of the potential purchasers of CRC Medical Devices.

Did Mr. Conlan ever travel before that?

Mr. Brian Conlan

No.

Did Mr. Conlan not travel to somewhere else in Germany?

Mr. Brian Conlan

Sorry, yes. I travelled to Düsseldorf, but that was as part of the CRC, not CRC Medical Devices.

What was Mr. Conlan doing in Düsseldorf?

Mr. Brian Conlan

I was at the rehabilitation and disability sector exhibition. It is a European-----

Was Mr. Conlan a director at the time?

Mr. Brian Conlan

I was chief executive at the time.

Mr. Conlan never travelled when he was a director. Is that the case?

Mr. Brian Conlan

Not that I can recall.

Mr. Conlan never travelled to Germany as a director.

Mr. Brian Conlan

Not as a director. I do not think so.

Therefore, the only time Mr. Conlan travelled was in the past six months.

Mr. Brian Conlan

The only time that I am aware of.

Mr. Conlan would have been aware of it if he had done so. That is fine.

I thank Mr. Conlan for coming in. The letter we have received from the HSE this morning is pure dynamite. We had Mr. Kiely in before the committee before Christmas stating he got €200,000 of a tax-free lump sum. On top of that he got €542,000 which he never disclosed. I will be asking that Mr. Kiely be requested to come back before the committee again because I believe it is an affront to the committee and to the people we represent, that is, the citizens, the taxpayers, the people who provide hard-pressed public funds and people throughout the country who are collecting money for the CRC. On what date did Mr. Conlan take up his appointment as chief executive of the CRC?

Mr. Brian Conlan

It was on 1 July 2013.

When did Mr. Conlan retire or finish up as chief executive of the Mater Hospital?

Mr. Brian Conlan

That was on 31 December 2012.

Mr. Conlan was effectively finished. What were the circumstances of his finishing in the Mater?

Mr. Brian Conlan

I retired.

Mr. Brian Conlan

At 58 years of age.

That seems a relatively young age to retire. Why did Mr. Conlan retire so young?

Mr. Brian Conlan

I could retire under the cost-neutral early retirement package that is available once a person is over 55 years. I wanted to do something else. I had put in eight really tough years at the Mater Hospital. I was tired and looking for something else to do.

Then the CRC position came along.

Mr. Brian Conlan

Initially, I took the view that I wanted to do some consultancy work. It was not until I saw the job description and the personal specifications for the CRC that I took the view that the job would suit me.

How many years was Mr. Conlan on the board of the CRC?

Mr. Brian Conlan

As the Mater hospital representative I was on the board for eight years, which coincided with my being chief executive of the Mater Hospital.

Then Mr. Conlan continued on the board after he retired. Is that so?

Mr. Brian Conlan

I was requested by the CRC to stay on the board as a full-blown member rather than the Mater Hospital representative.

Who in the CRC requested Mr. Conlan to do that?

Mr. Brian Conlan

Mr. Goulding, who was chair at the time.

When Mr. Conlan took up his position as chief executive of the CRC, would the Friends and Supporters of the CRC company have fallen within his remit?

Mr. Brian Conlan

As chief executive?

As chief executive of the CRC, did the Friends and Supporters of the CRC fall within Mr. Conlan's remit?

Mr. Brian Conlan

I was the company secretary to the Friends and Supporters of the CRC.

Was Mr. Conlan the chief executive of the Friends and Supporters of the CRC?

Mr. Brian Conlan

No.

Who was the chief executive of the Friends and Supporters of the CRC?

Mr. Brian Conlan

There is no chief executive.

Therefore, it fell within Mr. Conlan's remit. Who took charge of the day-to-day operations of the Friends and Supporters of the CRC? Was it Mr. Conlan as chief executive?

Mr. Brian Conlan

I presume so, yes. It was part of it. It was not as one would call it.

Payments of €450,000 and €250,000 were made to Mr. Kiely. Were they made directly from the Friends and Supporters of the CRC or was the money transferred from the Friends and Supporters of the CRC to the CRC?

Mr. Barry O'Brien

Mr. Cregan's report clearly states that the additional sums, the €473,336, were paid by the CRC in Mr. Kiely's final payment in June 2013. He also says that about the time of this final payment an amount of €700,000 in two instalments of €450,000 and €250,000 was paid by the Friends and Supporters of the CRC, that it was described in the draft internal accounts as a donation. He goes on further to say that the payments to Mr.Kiely could not have been made by the CRC if the €700,000 had not been received from the Friends and Supporters of the CRC.

I have two points, one, the Friends and Supporters of the CRC is a company within the CRC group, that collects money up and down the country, through pools, and ordinary people who collect for the CRC. It looks as if it was being used as a slush fund by top management within the CRC. A slush fund. It is an affront to the people up and down the country who collect this money. It is half of the annual income of the CRC, of the donations received by the CRC. According to this letter it represents almost half. On what dates was the €700,000 paid?

Mr. Barry O'Brien

The final salary payment in June 2013 contained €473,33-----

On what dates were the €450,000 and the €250,000 transferred from the Friends and Supporters of the CRC to the CRC main company?

Mr. Barry O'Brien

At the same time.

Mr. Barry O'Brien

No specific date but-----

Mr. Barry O'Brien

June.

Mr. Barry O'Brien

Yes.

Mr. Conlan came in as CEO of an organisation which is bringing in approximately €1.4 million or €1.5 million in donations from ordinary people - who collect to provide services for ordinary people, not to be giving a divvy-up of the order of €700,000 to Mr. Kiely. Is he telling me it is credible that when, as CEO, he looked into the accounts of the CRC he did not spot - literally sitting there - a transfer of €450,000 and €250,000, from people who had been out collecting money for front-line service users, put in as donations, which was clearly designed at best to misrepresent?

Mr. Brian Conlan

These adjustments that were going through-----

How does Mr. Conlan call them adjustments? A sum of €700,000 is not an adjustment. That is nearly three-quarters of a million euro, which is a crazy figure. I will ask personally that Mr. Kiely refund the money to the Friends and Supporters of the CRC. I will ask again: how often did Mr. Conlan do accounts? Were there monthly management accounts in the Friends and Supporters of the CRC?

Mr. Brian Conlan

There was one set of accounts at the end of the year for Friends and Supporters of the CRC. No management accounts were done every month for Friends and Supporters of the CRC.

Surely as CEO Mr. Conlan looked to see how much money was there – of course the problem is that the Friends and Supporters always had a balance. What was the balance in the account when Mr. Conlan took over?

Mr. Brian Conlan

The balance in the account of the Friends and Supporters of the CRC was just over €12 million.

The board was here previously. I would have thought that money would have been put to better use for front-line users. This is a question of priorities. Obviously the €700,000 in the context of €40 million was only a small amount.

Mr. Brian Conlan

If I can answer the question about the €12 million, when I took over as CEO one of the first things I did was to reopen the discussions on the development at Scoil Mochua in Clondalkin.

I know all about that. I am more interested in knowing whether Mr. Conlan thinks it credible that when, as CEO, he considered the Friends and Supporters of the CRC and saw two payments, one of €450,000, one of €250,000 going from Friends and Supporters of the CRC to the main CRC company, classified as a donation he did not know that it was not a donation. It was effectively putting a hand in the till for money that was collected by ordinary people up and down the country to feather the nests of individuals within the management of the CRC. Does Mr. Conlan think it credible that he did not know about that?

Mr. Brian Conlan

I did not know that the money was being used to fund Paul Kiely’s pension.

What did Mr. Conlan think it was being used for?

Mr. Brian Conlan

To support-----

No. Does Mr. Conlan think it is credible that as CEO, when he read bank statements of the Friends and Supporters of the CRC he did not ask where the €450,000 and €250,000 went and what it was used for? Does he think it is credible that he would not ask that question as CEO?

Mr. Brian Conlan

When I joined the CRC first I had other priorities. My understanding was that Mr. Kiely’s pension had been sorted out.

What did Mr. Conlan understand his pension was?

Mr. Brian Conlan

As he explained to the Committee on Public Accounts-----

A sum of €200,000?

Mr. Brian Conlan

Yes.

Did Mr. Conlan ask where the €450,000 and €250,000 would have come in? Does the CRC have a financial controller?

Mr. Brian Conlan

Yes.

Did Mr. Conlan have continual discussions with the financial controller?

Mr. Brian Conlan

Not about this. No.

It stretches credibility that, as CEO, Mr. Conlan was not aware of these payments coming up. To me it is very simple, our job as a committee concerns public moneys and moneys collected by the public. A sum of €700,000 that should have gone to front-line services was transferred from one company, the Friends and Supporters of the CRC, to the main company, CRC, and classified as a donation – it was some donation – which would have been fine if it had been used for front-line services. Would Mr. Conlan reflect on what I have asked him - does he think it is credible that he was not aware of these payments? Does he think that is credible?

Mr. Brian Conlan

I am telling the truth. I was not aware of these payments going through. Absolutely not. I was the new CEO. Lots of things were happening. I was finding my feet. I had a serious issue with regard to the appointment from the HSE and I had a serious issue on my hands with CRC Medical Devices.

Side by side with that Mr. Conlan had CRC Medical Devices. What was the amount owed by CRC Medical Devices to the Friends and Supporters of the CRC at that particular point?

Mr. Brian Conlan

No amount was owed because no money transferred from the Friends and Supporters of the CRC.

There was a loan from the Friends and Supporters of the CRC to CRC Medical Devices.

Mr. Brian Conlan

No there was not. There was an underwriting of a loan. The moneys were owed to the CRC. It funded it.

Who funded CRC Medical Devices?

Mr. Brian Conlan

In the main the funding came from CRC.

Mr. Conlan has written in his own notes “A loan of €550,000 from the Friends and Supporters of the CRC was approved for the venture.”

Mr. Brian Conlan

A loan was approved but the money was never drawn down. What happened was that the working capital exposures over the years were covered by the CRC. CRC was owed the money by the Friends and Supporters of the CRC but that transaction never took place.

Where did the money spent by CRC Medical Devices come from? Where did the physical €550,000 come from?

Mr. Brian Conlan

That money was never transferred to CRC Medical Devices. It was underwritten.

Where did CRC Medical Devices get its money?

Mr. Brian Conlan

From the CRC.

Mr. Conlan said that there was a loan of €550,000 from the Friends and Supporters of the CRC.

Mr. Brian Conlan

It was approved but never drawn down.

It was approved for the venture.

A loan of €550,000 from friends and supporters-----

Mr. Brian Conlan

It was approved but never drawn down.

-----was approved for the venture. Mr. Conlan's presentation does not qualify that. It states-----

Mr. Brian Conlan

I qualified that for Deputy Ross about 15 minutes ago.

Mr. Conlan is saying that €550,000 was put down from CRC to CRC Medical Devices. That loan was underwritten by the friends and supporters.

Mr. Brian Conlan

It was working capital support more so than a loan.

What is the loss on the sale of CRC Medical to MMS? What would be the eventual loss to CRC?

Mr. Brian Conlan

The maximum loss would be €200,000. I would hope that it would be around €100,000.

But Mr. Conlan will not know that. Is €200,000 the potential loss?

Mr. Brian Conlan

It is €200,000.

Who will end up taking that hit?

Mr. Brian Conlan

Friends and supporters.

Between the €200,000 and the €700,000, which is the divvy-up, so to speak, the bonanza for Mr. Kiely, that amounts to more than €1 million of money that was collected by ordinary people throughout the country. How does Mr. Conlan feel about that?

Mr. Brian Conlan

I must stress again that I was not aware of Paul Kiely's pension arrangements. Those pension arrangements were made by the remuneration committee of the CRC of which I was not a member and in which I had no hand, act or part to play.

With regard to CRC Medical Devices, it is quite the opposite. I rescued a potential loss of €600,000 by my actions over the four or five months I was there.

Mr. Conlan was on the board for eight years prior to that date.

Mr. Brian Conlan

The board of CRC?

Yes. Did the issue of CRC Medical Devices come up for discussion at any time?

Mr. Brian Conlan

Only towards the end, from about April or May onwards.

Mr. Brian Conlan

In 2013.

Is Mr. Conlan is saying that CRC Medical Devices was haemorrhaging money and it was never discussed by the CRC board?

Mr. Brian Conlan

Only briefly. A number of rescue plans were put in place by the management but these did not work. It was not until I got to grips with it when I joined as the chief executive officer.

The company was sold to MMS, Munster Medical Supplies. What was the relationship between Munster Medical Supplies and CRC or CRC Medical Devices?

Mr. Brian Conlan

It was just a trading relationship over the years.

I refer to the building in which CRC Medical Devices was located.

Mr. Brian Conlan

It is in Swords.

What has become of that building?

Mr. Brian Conlan

I had requested that the CRC would retain the building because it had adequate storage space, etc. for a reasonable rent. I do not know what has happened to it since.

How much of his salary did Mr. Conlan repay to the HSE?

Mr. Brian Conlan

I repaid the net sum of €3,300.

Why was that net sum repaid?

Mr. Brian Conlan

That was the net difference between what I got and what I should have got.

Is that the total net amount?

Mr. Brian Conlan

Yes.

Why did Mr. Conlan think it necessary to repay that amount?

Mr. Brian Conlan

When the agreement had been reached and when the salary was rendered compliant, I felt it was appropriate that I pay it back, especially, I suppose, as it had been intimated that these moneys came from charitable sources which I did not fully understand at the beginning. That reinforced my desire to pay it back.

When were the CRC accounts for 2012 signed off? Was Mr. Conlan the chief executive officer of CRC when those accounts were signed off?

Mr. Brian Conlan

No. I was chief executive officer of the Mater in 2012.

The accounts for 2012 would have been for the year to the end of December. Statutory accounts are normally completed after the event. On what date were the CRC 2012 accounts signed off by the board?

Mr. Brian Conlan

On 13 May 2013. That was the date for CRC Medical Devices.

On what date was the agreement with Mr. Kiely signed off by the board?

Mr. Barry O'Brien

It would have been agreed at the special meeting that the chief executive would be resigning. The board accepted his resignation and, notwithstanding the focus on remuneration, approved a retirement package. It was also agreed by the board that the terms of Mr. Kiely's settlement would be confidential.

What date was that?

Mr. Barry O'Brien

Obviously at the special meeting in February 2013.

The accounts were signed off in May 2013. Mr. Kiely was getting a payment of €742,025, which comprised €200,000 of a tax-free lump sum, €273,333 taxable, making a total of €473,336, and the addition of €268,689 as a pension lump sum to give him three and a half years' extra pension entitlements. I regard that as a post-balance sheet event. Was that recorded in a note to the accounts? Is the CRC friends and supporters group a 100% subsidiary of CRC?

Mr. Brian Conlan

It is an independent company completely.

Are they related parties with common directors?

Mr. Brian Conlan

With common directors.

I would regard that as a related party transaction for CRC. Was it noted in the accounts that an additional amount of €268,000 was put into the pension scheme for Mr. Kiely? Was it noted in the accounts that he was about to be paid a pay-off of €742,000?

Mr. Brian Conlan

No.

A meeting was held in February 2013 agreeing a pay package. The accounts were signed off in May 2013 and then, by coincidence, these payments of €742,000 were all paid in June 2013. Is that correct? They were all paid after the accounts were signed off. There are a lot of coincidences, a lot of timing and dates after things have been signed off. People were still applying for front-line services. Half the 2013 annual income of the CRC friends and supporters was being raided for one individual who was leaving. Mr. Conlan is telling me that he was a member of the board at the time when this agreement was signed, that he became the chief executive officer, but he was not aware of it.

Mr. Brian Conlan

I was absolutely not aware of the arrangement.

No inkling at all?

Mr. Brian Conlan

No.

There were no side discussions in the board room, no meetings at the margins?

Mr. Brian Conlan

Absolutely not. The salary arrangements of the CRC were dealt with by the remuneration committee. There was rarely, if any, interaction on salaries-----

What has happened in CRC and what we have seen in this letter this morning is an affront to the decent people throughout the country who collected the money. They did not collect money to feather the nest of one individual. They collected it to provide front-line services.

I ask the Chairman to ask Mr. Kiely to appear before this committee as a matter of urgency. He owes us that and he owes it to the people throughout the country who collected the money for the CRC. Mr. Kiely should repay the CRC friends and supporters the excessive amount of money he received. It is well in excess of the tax-free lump sum which in itself is nearly €550,000. On this issue I am just astounded.

It is a shaming issue. What has happened would defy belief, only it is there in black and white. We had an individual before the committee who told us the figure was only €200,000. Shame on the CRC.

Mr. Brian Conlan

I cannot account for what Mr. Kiely did or did not report at the meeting of the Committee of Public Accounts to which the Deputy referred. I can only-----

For a man with Mr. Conlan's level of experience at examining accounts and so on, having been chief executive officer at the Mater Hospital for eight years, it stretches credibility that he would not have spotted that half of the income of the Friends and Supporters of the Central Remedial Clinic was transferred to the Central Remedial Clinic's main company and classified as a donation.

Mr. Brian Conlan

I was new to the job and trying to find my feet.

Mr. Conlan was director for the previous eight years.

Mr. Brian Conlan

Being a director and being chief executive officer are completely different jobs and portfolios. I had to-----

Being a director should have given Mr. Conlan an insight. A simple scan through the bank statements would have shown the figures of €450,000 and €250,000 and immediately raised questions about what was going on.

Mr. Brian Conlan

I did not scan any bank statements; CEOs do not do that.

Many of them do, certainly when we are talking about half the total income of an organisation.

Mr. Brian Conlan

Only if that sum was notified.

Deputy O'Donnell made a suggestion that we bring Mr. Kiely back before the committee.

In the circumstances and for the credibility of this process and the committee, we have no option other than to do so.

What went on here is shameful. I propose that we bring in Mr. Nugent and Mr. Martin as well as Mr. Kiely. It is unbelievable - not so much what has happened but in terms of some of Mr. Conlan's participation, not in these events themselves but, as he says, the fact that he did not attend the meetings in question and did not know what was going on. I find that hard to believe.

Why does the Chairman propose to limit the invitation to those three individuals? There were more people on the board at the time.

I have suggested those three individuals because they attended the last meeting.

But they were not the only members of the board.

I have no objection to extending the invitation to the members of the board who attended the special meeting and made these decisions.

It is a reasonable and proper suggestion.

We are talking about individuals who may not have given us the fullest information. There may be other individuals who sat on the board at that time who are unhappy about what has happened. We should extend the invitation to the other members of the board.

The most abiding concern here is that old-fashioned notion of honesty and truthfulness. As a committee, we must get to the bottom of this by bringing in all the parties. What is at issue here is that a meeting took place in February at which this package was signed off, that transaction being subsequently described as a donation.

Deputy Deasy asked the same question at the previous meeting in regard to the sum that was paid. To my recollection, he was quite specific in asking that question and the answer he received was that it was €200,000. Later, as I understand it, Deputy Deasy pressed the case in regard to how Mr. Kiely felt about the fact that this sum had come out of moneys collected from the public. That was the conversation that triggered all of this debate about public moneys and so on.

The proposal is that we invite the members who attended the special board meeting, including those witnesses who gave evidence on the last occasion, and bring them all together. Is that agreed? Agreed.

Reference was made to the minutes of the special meeting in February 2013. Has word been sent out from this committee to whomsoever has possession of those minutes to have them sent over? If we could have them today while we are in session, it would be very helpful.

That is a very important point. I would presume, in view of the fact that it was a special meeting, that the reasons for the meeting were included on the invitation to board members. We need to know whether the Health Service Executive has that documentation setting out the reasons for the special meeting. The first question that arises in this regard is whether Mr. Conlan has that documentation in his possession today and, if not, whether he can obtain it for the committee. As I said, this was not a regular board meeting; the letter makes it clear that it was a special meeting. The second question is whether Mr. Conlan himself received that notification.

Mr. Brian Conlan

I was in Spain when that board meeting took place. I tendered my apologies for being unable to attend.

Is that a "Yes" or a "No"?

Mr. Brian Conlan

I cannot recall. I will have to look back on my files.

Mr. Conlan cannot remember whether he received the notification for this special meeting?

Mr. Brian Conlan

I cannot recall; I would have to review my paperwork. Deputy Deasy needs to understand that I-----

This is beginning to sound very dubious.

Mr. Brian Conlan

I do not have access to the paperwork.

There is absolutely no reason Mr. Conlan would not have received the notification. He must have got it.

Mr. Brian Conlan

Of course I would have received it.

That is fine.

Mr. Conlan can recall that he was out of the country at the time.

If Mr. Conlan received the notification, and he has said he did, can we find out what was contained in the notification for that special meeting? It would clarify a great deal.

It has been indicated to me that a member of the HSE is checking whether that documentation is available. We will know shortly.

We also need the minutes of the meeting.

Yes, we have asked for them.

Thank you, Chairman.

I thank Mr. Conlan for attending the meeting. Can he understand how shocked I am, as a teacher who is on leave of absence from Scoil Mochua, which is under the patronage of the CRC, at these revelations? I thought the limits of my capacity to be shocked had been reached at the last meeting, but I was wrong. The staff and students of Scoil Mochua are also shocked at what has transpired. Does Mr. Conlan comprehend how these revelations take away from the core work in which the CRC is meant to be engaged? One of the problems with this discussion is that it is easy to forget that the point of the CRC is to look after the needs of the students and patients in its care. Does Mr. Conlan appreciate the huge damage that has been done to those people as a consequence of what has transpired?

Mr. Brian Conlan

Of course I can understand that.

Does he understand the damage that has been done to the entire charity sector, including organisations that have nothing to do with what went on at the CRC, and the huge work that will have to be done to repair that damage?

Mr. Brian Conlan

I reiterate my position that I have not received any top-up payment from the CRC. I have paid back the small element that was overpaid for the first three months. I have started the process of bringing some sense to the level of top-up payments. I did not have any hand, act or part to play in Paul Kiely's retirement package. That was done by the remuneration committee and I had no hand, act or part in it.

Does Mr. Conlan accept that people will find that impossible to believe?

Mr. Brian Conlan

I was not on the remuneration committee.

Did the proposal not go to the board?

Mr. Brian Conlan

Yes, in February, at the meeting I did not attend.

Is Mr. Conlan sure that is correct?

Mr. Brian Conlan

Yes.

Was Mr. Conlan on the board of the Friends and Supporters of the Central Remedial Clinic as well as the board of the CRC itself?

Mr. Brian Conlan

No.

Can Mr. Conlan or Mr. O'Brien throw any light on the reference by Mr. O'Brien is his opening statement to a figure of €3 million that was transferred from the Friends and Supporters of the CRC to the CRC itself?

Mr. Barry O'Brien

As we advised at previous meetings of the committee, that money was to do with the transfer of foreign pension requirements. I will check my records and provide the Deputy with the specifics.

I thank Mr. O'Brien.

If the Deputy wishes to continue, he may do so and Mr. O'Brien can provide the information when he has it to hand.

Mr. Conlan has indicated that he can elaborate on the matter.

Mr. Brian Conlan

That was a sum of money which the pension fund required. The CRC operates two pension funds, one for its longer-serving staff members who were not part of the VHSS and another for the VHSS. The VHSS is the scheme the Mater Hospital manages for them. There are approximately 70 pensioners in the CRC pension scheme and probably 50 more staff are making payments into it. That pension scheme ran into trouble and it appeared that it was just going to go bust, with the consequential loss of pensions for the 70 individuals to whom I refer.

Were those pensioners State employees?

Mr. Brian Conlan

No, they were specifically CRC employees. They would have been of the old stock of employees who were with the CRC prior to the new employees covered by VHSS contracts came into being.

So they were not paid by the State.

Mr. Brian Conlan

They were. They were part of the CRC overall.

Why did they not have pension packages provided by the State?

Mr. Brian Conlan

It never worked out like that. They were part of a private pension scheme that the CRC organised. There was no way to transfer them into the VHSS.

Did they retire some years ago?

Mr. Brian Conlan

Yes, they would have been the more long-serving members of the CRC dating back almost to its genesis.

Mr. Brian Conlan

The scheme was in serious trouble and the financial advisers recommended that it needed to be supplemented to meet minimum funding standards. The Friends and Supporters of CRC provided a loan to enable the fund to be maintained and the pension fund to survive.

Mr. Barry O'Brien

I have checked my records. This matter was clarified by Mr. Kiely at our second last engagement when he distinguished between the two pension funds operating in the CRC, one of which was the voluntary hospitals pension fund - the VHSS that has been referred to - and the other relating to a group of workers in the CRC who were in a privately-funded pension scheme. He made reference to the fact that:

The Central Remedial Clinic's advisers on its pension fund, Irish Pensions Trust, took the opportunity of putting together an application in order that the clinic could address the deficit in the pension fund for the Pensions Board ... The 70 staff members were balloted. The partnership arrangement to meet the minimum funding standard by 2017 meant that the individuals had to increase their rate of contribution. They had to double their rate of contribution. The clinic had to increase its rate of contribution by 2.5% and put in a lump sum which was actuarially calculated. Consider the reason the books show the transfer of the €3 million. The €3 million was the lump sum that went in for those 70 individuals because it was unanimously accepted by the staff to protect their pensions.

Was this a top-up pension that was additional to what they would have received from the State?

Mr. Barry O'Brien

No. What I am about to say is purely from recall. What was set out was that it was seen as a long-term loan by the Friends and Supporters of the CRC. However, members raised the question as to whether it would ever be repaid.

When did that happen?

Mr. Barry O'Brien

This was on the day when Mr. Kiely and Mr. Nugent appeared.

I was referring to the transfer of the €3 million.

Mr. Barry O'Brien

In 2012. Is that okay for the Deputy?

Yes. I return to a question I posed when Mr. Kiely and other members of the now defunct board came before the committee. It is probably best to direct said question to the HSE, which, unlike the former board of the CRC, is in a position to take action on the matter. I was aware that in the south-west Dublin area adult services were to be provided by the CRC after it had received a significant sum from the HSE or what was the then health board. I am not sure of the exact date but I think it was 2003. Those services collapsed approximately three months after they were set up. The were provided at Scoil Mochua. I understand that in 2010 the director of adult services at the CRC stated that it was still receiving the money relating to those services. As far as I can see, no former students of Scoil Mochua benefited from the services. Is Mr. O'Brien in a position to obtain an answer to my question on this matter? Will he indicate if the CRC is still in receipt of money for these services? Have any former pupils of Scoil Mochua or any residents of south-west Dublin or Kildare benefited from the services in question? As already stated, I put this question to the members of the former board. However, I presume that I cannot expect to receive an answer from them. I would appreciate it if I could obtain a written answer on the matter from the HSE. Perhaps its representatives might discuss this issue with the director of adult services at the CRC.

I do not know whether Mr. Conlan is aware that the health services building at the school in Clondalkin is in a very ramshackle state. This has been the case for several years, despite the existence of this big pot of money which the Friends and Supporters of the CRC had in its possession. The electrics are dodgy and the roof is leaking. During the Celtic tiger era, three different plans regarding the erection of new buildings were displayed on the walls of the school. I am curious to know the amount of money that was spent on the preparation of these plans, particularly in view of the fact that construction never proceeded. I would be grateful if this matter could be investigated.

Would it also be possible for an investigation to be carried out in respect of the appointment of special needs assistants in either 2010 or 2009 and why it took so long for these individuals to be paid directly by the Department of Education and Skills? I am aware that those individuals were eventually paid. However, as a result of the fact that they received lump sums, many of them lost money on foot of taxation considerations. I would appreciate it if the HSE could also investigate this matter.

There are one or two other questions I wish to put to Mr. O'Brien in respect of the future. What is the position regarding the replacement of the board of the CRC and the appointment of a new CEO? How will the CRC be governed from now on?

Mr. Barry O'Brien

The Public Appointments Services has indicated that it will facilitate the process relating to the appointment of the new CEO as a matter of urgency. We expect to advertise the post in the next one to two weeks. It will be advertised and we expect the position to be filled in the shortest possible timeframe.

The director general is working with the interim administrator on how to correctly constitute a new board on a sound governance footing.

Is Mr. O'Brien intent on seeing that the new board represents all the different interests in the CRC - students, parents and various types of staff? Such an organisation has a wide variety of professional staff, including teachers, physiotherapists and occupational therapists.

Mr. Barry O'Brien

That is being taken into consideration in the composition of the new board.

Could the fact that the CRC is based in various locations also be taken into consideration? Everyone in Clondalkin felt they were very much on the outside.

Mr. Barry O'Brien

In the past week the director general visited the CRC and met with many of the staff to reassure them that he is taking immediate action to ensure that we get the focus on the services they provide.

Could Mr. O'Brien provide an update on that when the board has been put in place?

Mr. Barry O'Brien

Certainly.

In the course of his opening remarks Mr. Conlan lauded the role of the committee in what he called flushing out the phenomenon of top-ups and other maladministration in the CRC. I put it to Mr. Conlan that he would not attempt to mislead or be evasive with the committee. Is that the case?

Mr. Brian Conlan

Certainly not.

I ask the question because I am struck by the fact that initially when this special meeting of February 2013 was mentioned he pleaded absolute ignorance of it. He said he was unaware of the meeting and he cited an alternative date of March. As the conversation moved on, not alone did he recall the special meeting but he was able to tell us that he was in Spain and that he had tendered his apologies for the meeting.

As regards the vacancy for CEO, the position which he occupied for a number of months, initially in response to questioning Mr. Conlan said that he had only known of the vacancy in March. Later, when pressed, he conceded that he had received a telephone call. I must say to Mr. Conlan that these are not just matters of detail for the committee. It bothers me a lot that he has to be pressed to give full information on basic issues such as those.

Mr. Brian Conlan

I admit that I got the first date wrong. It was a question of February or March.

My concern is not getting the date wrong.

Mr. Brian Conlan

That set a trend in terms of my memory of the chain of events. Of course I would have got a copy of the notice for the board meeting. I cannot recall when it came but of course I would have got that copy.

Mr. Conlan also recalled that the meeting was in February and so clear is his recollection now that he can recall that he was on holidays or away for whatever purposes in Spain. From here on in, as questions are asked, could Mr. Conlan do this committee the respect of giving the full detail on the first occasion that a question is asked? Could we agree to proceed on that basis?

Mr. Brian Conlan

Yes.

Mr. Conlan also said in his opening statement that on foot of his resignation from the CRC he had no access to his files. Is that still the position?

Mr. Brian Conlan

No.

So Mr. Conlan has access now to his files.

Mr. Brian Conlan

I subsequently got access. I am sorry to cut across Deputy McDonald, but what I have to do is write in and request what I need. I cannot go in.

Mr. Conlan cannot examine the files. Presumably, in advance of this meeting he wrote in and requested-----

Mr. Brian Conlan

Access to certain information I felt I would need.

Could Mr. Conlan describe what the information was that he sought?

Mr. Brian Conlan

It was copies of the annual accounts for the Friends and Supporters of the CRC and CRC Medical Devices, copies of the correspondence in relation to my appointment from the HSE, and copies of a chronological order of important dates that were listed in terms of that appointment – when letters came in and when letters were answered. I also requested a copy of my diary and I subsequently requested copies of the minutes of meetings.

Mr. Conlan requested copies of the minutes of meetings, presumably including the board meetings?

Mr. Brian Conlan

For 2009 and 2010.

Only for 2009 and 2010. On what basis did Mr. Conlan boil it down to those two years?

Mr. Brian Conlan

I felt I could recall most of what happened in the board meetings between 2010 and 2012. Going back further was dodgy.

With no disrespect to Mr. Conlan, I find all of this dodgy. I find it odd that he would single out two years, unless something spectacular was occurring at board meetings over those years which he might want to share with us. Frankly, at this stage nothing would surprise me. Given the matters at hand, with which he is fully conversant at this stage and for which he was requesting information to prepare, the obvious years for which he would need those minutes would be 2012 and 2013. Is that not a fair assessment of the position? Why did Mr. Conlan not ask for those minutes?

Mr. Brian Conlan

Hindsight is a great thing, I suppose. I should have asked for copies of all the minutes but I specifically wanted 2009 and 2010. I felt my memory would serve me well by going back to that point.

Mr. Conlan is clearly a very experienced and accomplished person in his field. His CV is testimony to that. But what I hear from him is akin to “The dog ate me ecker” in response to reasonable questions that are being asked of him. I do not accept for a second that a person of Mr. Conlan’s experience and competence who is conversant with the issues at hand just accidentally forgot to ask for records of critical minutes to prepare himself for a meeting of an Oireachtas committee. He is in the Oireachtas now. As Mr. Conlan knows, this is the process of accountability. I find that very odd.

Could I put it to Mr. Conlan that, notwithstanding his explanation for his non-appearance at the committee meeting when he was invited, my perception is that when he resigned from the position it was because he wanted to wash his hands of the situation and run a million miles away from it? That was my sense of it, and I do not think I was alone in thinking that. Mr. Conlan’s actions and the level of evasiveness that he is demonstrating today suggest that this in fact remains his position. That is how I read it.

Mr. Brian Conlan

I am sorry but I have to disagree with that. The circumstances around my return from the United States in December were quite stressful. I would not have been an effective witness. I had no documentation and I could not get into my home.

Does Mr. Conlan regard himself as an effective witness this morning and this afternoon?

Mr. Brian Conlan

I am trying to be as helpful as I possibly can.

I cited to Mr. Conlan two examples of fairly basic queries that were made, one in relation to a meeting of a board of which he was a long-standing member and the second in respect of his knowledge of a position for which he applied and was the successful candidate. It was very basic stuff, yet Mr. Conlan was not in a position to even answer the questions in a direct way when first asked.

More to the point, Mr. Conlan has failed spectacularly to give any detail or to demonstrate any knowledge of the information members now have in respect of this sum of €700,000, which was marked down as a donation and which found its found its way into the pension arrangements of his predecessor. Mr. Conlan should be aware that is not helpful. It is not the hallmark of a prepared witness, perhaps, or perhaps it is the hallmark of an unco-operative witness before this committee. However, it is one or the other.

Mr. Brian Conlan

I am here to answer any questions that I possibly can. I must reiterate that I had nothing to do with Mr. Kiely's pension arrangements. They were outwith anything that I had to do and were part of the remit of the remuneration committee.

That is where Mr. Conlan is wrong and the document before members from the Health Service Executive, HSE, states categorically how wrong he was, because the package was agreed at a special meeting of the board in February 2013 and Mr. Conlan was a member of that board. There is no mention here of remuneration committees or anything else. This matter was brought to the attention of the board and agreed by the board and Mr. Conlan was a member of the board. Therefore, is it not fair to state that Mr. Conlan bears a responsibility for this decision as a member of the board? Does Mr. Conlan accept that?

Mr. Brian Conlan

The remuneration committee would have approved this in the first place, before it was presented to the board.

Sorry, I am not interested in and the committee is not here to discuss the remuneration committee at this point. Does Mr. Conlan accept the basic facts that this was brought to the board and approved by the board?

Mr. Brian Conlan

Yes, of course.

Does he also accept he was a member of the board?

Mr. Brian Conlan

Yes.

Does he therefore accept the logical conclusion that he bears a responsibility for that decision?

Mr. Brian Conlan

Of course I bear responsibility in terms of that decision.

Mr. Conlan accepts he is a responsible party for that decision. Does Mr. Conlan regret that decision? Was it the wrong decision? Has Mr. Conlan anything to say in this regard?

Mr. Brian Conlan

The details of the transactions that happened at that board meeting have only come to my attention today. Of course I am alarmed and shocked by what has transpired.

I am not asking whether Mr. Conlan is alarmed were shocked. I am asking him whether it is his view that this was a right decision or a wrong decision.

Mr. Brian Conlan

It was a wrong decision.

It was a wrong decision and it was a decision to which Mr. Conlan was party. It may interest Mr. Conlan to know members now have the minutes of the special meeting. I ask Mr. Conlan to return to his opening statement again. He stated, "The idea that there was a transfer of moneys from public donations directly to into the salaries of a number of executives is inaccurate in itself". I am quoting directly from Mr. Conlan's opening statement this morning. What does he mean by that?

Mr. Brian Conlan

In some circles, particularly in the media, there was a perception that there was a special bank account in the Friends and Supporters of the Central Remedial Clinic, CRC, that was putting moneys directly into the salaries of executives in the CRC and that there were two separate pay-cheques-----

I am interested to know which media outlet made reference to separate bank accounts or to separate paycheques.

Mr. Brian Conlan

It was the way it was portrayed. I suppose it was not explicitly stated so clearly but I think the impression given was there was a separate bank account siphoning off moneys into the salaries of these five individuals in the CRC. It was just an impression that I had.

I do not believe that many other people would share that impression. Does Mr. Conlan accept that the practice of using moneys from charitable donations to top up salaries was wrong?

Mr. Brian Conlan

I accept the fact that this practice should cease. I think it must be put into a certain context, that the amount of moneys being put into salary top-ups at the CRC was less than 1% of its budget. When the CRC started its business in 1960, 100% of salaries were paid from donations and so it has come a long way and sometimes decisions must be made that are practical and pragmatic. I do accept, however, that the practice should cease. However, it is in place and it must be brought to a conclusion.

That is an evasive answer, if ever-----

Mr. Brian Conlan

There is no-----

No, I have asked Mr. Conlan a direct question and it is important that he gives a direct answer to this question. Moneys were used that were charitable or supportive donations for the work of the CRC. A proportion of those moneys was used for top-ups for salaries for a number of senior people in the organisation. In case Mr. Conlan is under any illusion, the public regards that as being wrong. Clients and service users of the CRC regard that as being wrong. I would have thought that after everything we have been through in these committee meetings and the public debate surrounding it, Mr. Conlan would have landed on the position that it also was a wrong thing to do.

Mr. Brian Conlan

It was a wrong thing to do but I can understand the reason these things have come about. One can see why small amounts of charitable funds went into these salaries. There are ways to stop it and there are ways to get around it and there are ways to bring it to a satisfactory conclusion.

The difficulty-----

Mr. Brian Conlan

However, the practice is wrong. There is no doubt about it and it should cease. What I am trying to do is to be constructive in terms of how one could bring the issue to a satisfactory conclusion.

Given the information Mr. Conlan now has in front of him regarding his predecessor's pension pot, I would have thought that he would have availed of the opportunity to revise that position.

Mr. Brian Conlan

Absolutely, in terms of Mr. Kiely. However, there is a certain difference between what Mr. Kiely has received and the five staff who were in receipt of top-ups in the CRC.

As a board member, Mr. Conlan would have been aware of this phenomenon of topping up salaries and he would have been aware that it was not restricted to Mr. Kiely. Surely he also would have been aware, given his position in the Mater, that this was at odds with public pay policy, that the HSE had difficulty with that, would he not?

Mr. Brian Conlan

The first that I became aware of the extent of the top-ups in the CRC was when I became chief executive officer. The Mater-----

As a board member, Mr. Conlan was not aware of that.

Could I stop Deputy McDonald there for a moment? Mr. Conlan has stated he was not aware of the appointment of MERC. Members have just received the minutes of the meeting which took place on 25 March. They refer to the fact that the chairman informed the meeting that Mr. Nugent and Mr. Conlan had a preliminary meeting with MERC, a recruitment company, to discuss the available options and that a proposal was awaited from MERC. Moreover, a second meeting had been scheduled with another company, Amrop, which would be attended by the chairman and Mr. Nugent. Further on, the minutes go on to the recruitment sub-committee and state it was decided that a recruitment sub-committee should be formed to oversee the process of replacing the chief executive and the chairman, Mr. Nugent and Mr. Conlan were nominated.

That is in direct contradiction of what Mr. Conlan told this Committee of Public Accounts hearing earlier, in answering questions from a number of members. Frankly, it is not credible what Mr. Conlan is doing here today.

Mr. Brian Conlan

The recruitment sub-committee that was put together to look after the recruitment of the CEO was changed from the chairman, Mr. Nugent, and myself, and I expressed the-----

Mr. Conlan did not tell us that earlier. He is economic with the truth here, or with the facts. That is the frustration being experienced by members. I must draw Mr. Conlan's attention to the importance of this meeting and the evidence being given. It would appear to me that Mr. Conlan is not giving the full picture when he is asked questions. It is hard to believe some of his remarks and commentary. It is a fact here, noted in the minute of 25 March, and it is in direct contradiction of what Mr. Conlan stated earlier in answer to questions from the members of this committee. It is not acceptable that Mr. Conlan would continue in this vein because the paperwork is being slowly dripped to us and we are having to extract a considerable amount of information painstakingly from him. That is totally unacceptable. I must ask Mr. Conlan, in answer to members' questions, would he please disclose the full facts.

Deputy Harris is the next speaker. I am sorry for cutting in here but it is merely to have it at such a level that at least we can get the truth out. Mr. Conlan talks about the work being done by the CRC. He lavished the staff with praise, and I agree with him, but then he goes on to causes serious damage to the organisation by the manner in which he is conducting his hearing here this morning. I caution Mr. Conlan in this regard. It is not acceptable. I want to see the full facts being explained here to members in answer to their questions.

I cited a number of issues here in regard to these minutes. I also would say to Mr. Conlan that in his opening remarks he stated, "The idea that there was a transfer of moneys from public donations directly into the salaries of a number of executives is inaccurate in itself". That is nonsense.

I thank the Chairman. I did not have the chance to scan those minutes. We can now establish that not alone was Mr. Conlan aware of the CEO vacating the position, but that from my reading of this because he had gone to the lengths of conducting preliminary meetings with recruitment specialists, it would appear he was so aware prior to the special meeting.

Mr. Brian Conlan

Just one.

What does Mr. Conlan mean by "Just one"? This is not a comedy hour. Mr. Conlan is before an Oireachtas committee and he is honour bound and duty bound to state the full facts. As I stated to him earlier, I had the strong feeling that he was attempting to palm us off or mislead us. I now discover, perhaps, that Mr. Conlan has come in here to tell downright lies. As a member of this committee, I can tell him I do not appreciate that and I am sure my colleagues and the Cathaoirleach feel exactly the same way.

Mr. Conlan did know about Mr. Kiely exiting his position. Mr. Conlan was part and parcel of managing the process. He should not tell me that he only discovered today about this gold-plated pension package. I do not accept that.

Mr. Brian Conlan

I am sorry, but it is true.

I am sorry, but Mr. Conlan's credibility is pretty much shot as regards his appearance here today.

Mr. Conlan realises that Mr. Kiely is leaving his position and he realises that, obviously, he is part and parcel of a preliminary investigation as regards the recruitment process, which, by the way, also fell outside of HSE guidelines and acceptable practice. Was Mr. Conlan aware of that? He probably does not remember.

Mr. Conlan is a member of the board, Mr. Kiely is exiting and Mr. Conlan has no knowledge of this pension package that has been agreed by the board of which he is a member. That is not credible on any level. Personally, I would like to see Mr. Conlan alongside Mr. Kiely and the other board members on the next occasion so that we can test that proposition with them. I rather suspect that, as and when we do so, we might arrive at a different conclusion or Mr. Conlan's recollection might be more accurate than it is today. I do not believe Mr. Conlan that he did not know about this.

Mr. Brian Conlan

I did not.

I simply do not believe him.

Deputy Harris is next. We will return to all of this, but it is important to state briefly that, for staff, service users and those who donate, today, rather than being a moment of clarity and getting matters back on track, has been another knock to the clinic, and that is shameful. Mr. Conlan should have come before this committee fully informed and fully minded to tell the full unvarnished truth and to give us the full facts. He was not prepared to do that today. I hope that when he comes back on the next occasion he will be in that frame of mind.

Deputy Deasy has a question.

I thank Deputy Harris.

How many special meetings were there? The letter from the interim administrator talks about a special meeting in February of 2013. These minutes are of a meeting held on 25 March 2013. Therefore, the matter was discussed twice. Did Mr. Conlan miss both meetings? Would Mr. O'Brien confirm I am reading that correctly? Is it a typographical error?

Mr. Barry O'Brien

We are gone to check, for the absolute accuracy.

Does Mr. O'Brien understand where I am coming from?

Mr. Barry O'Brien

I do, yes. For the absolute accuracy, we are checking.

It seems strange to me. There is reference to February 2013 and these are minutes from the special meeting on 25 March. When was Mr. Conlan on holiday? Was it February or March?

Mr. Brian Conlan

I was on holiday for that meeting. There was-----

Sorry, no. Mr. Conlan stated he was on holiday in February.

Mr. Brian Conlan

I have been totally-----

Mr. Barry O'Brien

In the interests of clarity, there were two meetings. At this stage, you have got to remember our interim administrator is in place since only 18 December. He has not yet been able to locate the minutes of the first. These are the minutes of the second. He is saying there were two meetings.

Did Mr. Conlan miss both meetings?

Mr. Barry O'Brien

Yes.

How does he know about that?

Did Mr. Conlan miss both meetings?

Mr. Brian Conlan

My view would be that there was only one meeting, and that is where-----

There were two meetings. We just heard there were two meetings. Did Mr. Conlan miss both meetings? Come on, now. This is getting ridiculous.

Mr. Brian Conlan

My view is that there was only meeting, not two meetings.

We have just heard there were two.

Mr. Brian Conlan

The HSE could be wrong in that regard. It was the starting point. If the Deputy recalls, in my earlier evidence, the starting point for me was 25 March and then it was argued that there was a meeting earlier than that. I do not believe there was a February meeting.

If Mr. Conlan does not mind, we will check that.

Mr. Brian Conlan

No, of course not.

Good. I call Deputy Harris.

Can we get the minutes of the February meeting to see who was present and who was not?

We are checking that now with the HSE.

Mr. Barry O'Brien

The person who is currently interim administrator was not in the CRC at that time. He is endeavouring to locate all the information for the committee and we are seeking to clarify that, as a matter of urgency.

That is fine, Mr. O'Brien has done a good job.

The interim administrator must have been aware that there was a February meeting because he has given it in his letter. There must be a basis, a documentary for him stating that there was a February meeting. Whatever documentation he has, he might provide it to us today?

We will get that.

I have been at many of these meetings, for instance, on the Bertie bowl and other ventures, where we all left angered. I do not think I have ever been at a meeting where the emotions are such that we are angered and saddened. It is fast transpiring today that the friends' and supporters' group, a good and noble concept, had been transferred into the directors' and friends' group with more than half of the annual income going to pay off a lad by his buddies on the way out the door.

I want to start with Mr. O’Brien. I thank the HSE for the upfront nature of and fast speed at which it has been getting the relevant information. I hope and trust this will be the beginning of a fruitful relationship with this committee.

Obviously, the interim administrator is inquiring into the financial situation within the CRC. The director general, Mr. Tony O'Brien, and the interim administrator have made comments on the pension arrangement and goodbye package given to Mr. Kiely. Is Mr. Barry O'Brien aware of any other financial issues that are being considered or that have caused concern for the interim administrator?

Mr. Barry O'Brien

At the time of the meeting, this was the key issue which the interim administrator wished to bring to the attention of the DG. That is why the DG wrote to the Chairman of the Committee of Public Accounts to advise him on the matter. He does say that it is anticipated that much of the work related to the audits will be completed by the end of the first quarter. What we were challenged to do was look at all the operational bases of CRC, ensure that they were sound and that we had good governance. He is covering a broad range of issues.

Is he examining all expenditure relating to the chief executive? Are there credit cards in the CRC? What is this limited to?

Mr. Barry O'Brien

There is no limit; he is examining all matters.

The focus has three strands: to ensure continuity in the delivery of the full range of services to the clients of the CRC and the agreement on the implementation of the 2014 service agreement with the HSE; to oversee the restoration of good governance arrangements, including the appointment of a board of governors and CEO to the CRC and directors to the Friends and Supporters of the Central Remedial Clinic; and to identify any legacy issues requiring attention related to salary rates and compliance with public pay policy, pension schemes and pension payments, related undertakings, including CRC medical devices, and an assessment of any future financial impact of contractual obligations in the CRC.

We can take it as a committee that as the interim administrator corresponds with the DG, we will receive the relevant information as quickly as possible.

Mr. Barry O'Brien

The Deputy may take that to be confirmed.

Have the HSE and the interim administrator taken advice on the legality or potential illegality of any of the activities uncovered to date?

Mr. Barry O'Brien

I believe he has been authorised to seek whatever legal advice he feels appropriate to guide him in his work.

Do we know as of yet whether he has had any discussions with members of An Garda Síochána?

Mr. Barry O'Brien

I am not aware so I am not in a position to answer that question.

I thank Mr. O'Brien.

Let me try again with Mr. Conlan. When did he first become aware that Mr. Paul Kiely was retiring or intending to retire from the CRC?

Mr. Brian Conlan

My records show that it was on 25 March.

The minutes that we have are of a meeting that took place on 25 March at 5 p.m. in the boardroom of the CRC. Mr. Conlan had sent his apologies. The minutes show categorically in black and white that "he [the chairman] informed the meeting that he, Mr. Nugent and Mr. Conlan [I presume there is only one Mr. Conlan] had had a preliminary meeting with MERC, a recruitment company, to discuss the available options." What was being discussed with MERC?

Mr. Brian Conlan

The meeting, I presume, was to discuss Mr. Kiely's replacement.

Does Mr. Brian Conlan remember this meeting?

Mr. Brian Conlan

With MERC, yes.

He remembers that he went to a meeting with MERC and he accepts that it happened in advance of 25 March.

Mr. Brian Conlan

I do accept that now, yes.

So he accepts that he knew of Mr. Kiely's intended departure before 25 March.

Mr. Brian Conlan

Yes.

When does Mr. Brian Conlan believe he did know about Mr. Kiely's departure?

Mr. Brian Conlan

I do not have that record but I could find it.

Come on, we are talking about last year. If the meeting took place on 25 March, did Mr. Conlan meet MERC in March?

Mr. Brian Conlan

Yes.

What did he discuss? He had a preliminary meeting to discuss the available options. What were the options?

Mr. Brian Conlan

That MERC would be the external consultant to help recruit the new CEO.

There was no decision made at that meeting. A second meeting was scheduled with another company. Why was Mr. Conlan bumped off the attendance for that meeting? A second meeting was scheduled.

Mr. Brian Conlan

I could not attend.

Was Mr. Conlan out of the country?

Mr. Brian Conlan

No, I was not out of the country at that time; I just could not attend the meeting.

Okay. Was Mr. Conlan asked to serve on the recruitment sub-committee?

Mr. Brian Conlan

Yes.

Did he consent to serving on it?

Mr. Brian Conlan

Yes.

At that stage, he had no intention of-----

Mr. Brian Conlan

No.

Who were the members of the remuneration sub-committee?

Mr. Brian Conlan

Mr. Nugent, Mr. Goulding and Mr. Martin.

Mr. Conlan said in his opening statement the this has caused him a significant amount of stress. I can imagine such media attention and difficult questions would cause anybody stress at a human level. However, can Mr. Conlan imagine the level of stress caused among the staff, whose boss Mr. Conlan was, on finding out that a board on which Mr. Conlan sat and for which he shared responsibility basically gave a sweetheart deal to his predecessor at a time when staff were being asked to take public sector pay cuts? Can he imagine the stress of the clients, who had to suffer a diminution of front-line services, or the volunteers collecting the money? While I accept that Mr. Conlan was stressed, the difference is that he was a participant in what happened at the CRC. As a participant, and as someone who must accept collective responsibility for what happened at the CRC, what does he say today to people who worked under him, the clients and volunteers?

Mr. Brian Conlan

The decision made by the board to award Mr. Kiely the level of remuneration associated with his pension was wrong. The suggestions being made by members around here in respect of achieving some redress in that regard should be pursued. I would like them to accept my bona fides in that I was not aware of the level of payments being approved for Mr. Kiely. I was aware only of the €200,000 and the kicking in of the pension in November 2016. I was not aware until this morning of this letter-----

It is fast becoming apparent, according to Mr. Brian Conlan's evidence, that a man blindfolded on a galloping horse would have been more aware of what was happening in the CRC. I am finding it really difficult. I am finding it really difficult for reasons similar to those expressed by Deputy McDonald because Mr. Conlan is not an amateur. His CV, which he referenced in his opening statement, shows he was the chief executive officer of the Mater, a director of finance in the Mater and on a board for eight years. This is not a residents' association, with all due respect to residents' associations. Mr. Conlan was an accomplished public servant, yet he knew nothing.

Mr. Brian Conlan

It is not that I knew nothing. I did not know of the extra bits that came on the scene this morning. I honestly did not know that.

Mr. Conlan also told us that he did not know that Mr. Kiely was leaving until 25 March.

Mr. Brian Conlan

I just got my dates wrong; I am sorry.

But Mr. Conlan was at a meeting. His telling me he did not know Mr. Kiely was leaving until March if he found out in February is one thing, but he was at a meeting to discuss Mr. Kiely's departure and how to replace him.

Mr. Brian Conlan

I was at a meeting on who would be the external consultant arising from the departure of the CEO.

For the purpose of replacing him. He knew, as a director, that there would be a conversation at a board meeting about Mr. Kiely's departure and he did not attend.

Mr. Brian Conlan

I could not attend.

If we are to accept all Mr. Brian Conlan's evidence – I cannot for reasons similar to those expressed by my colleagues - he should state whether he failed in his responsibilities as a member of the board to discharge his duties as a director.

Mr. Brian Conlan

In respect of what?

In respect of the fact he did not know about the hand taking out €700,000 from the charity account to give to Mr. Kiely. Mr. Conlan seems sketchy at best on the details of how Mr. Kiely was to be replaced, the issue of Central Remedial Clinic Medical Devices Limited and top-ups. Did Mr. Conlan fail in his duties as a director? By the way, I do not believe he was alone in failing in his duties.

Mr. Brian Conlan

When I was appointed chief executive officer of the Mater hospital, part of my duties was to be a director of the CRC, Central Remedial Clinic. The main purpose of that responsibility was to be a custodian and guardian of the Mater hospital’s interests and the CRC’s to do with its pensions. As a result of that, given that I was a director of 12 other companies and had a huge portfolio in the Mater hospital with not only running the place, but building the new extension, the CRC board was one on which I could be more passive than active. My attendance rate was testament to that. Its meetings were at 5 p.m. on a Monday afternoon which were extremely difficult for me to attend because operationally, in an acute general hospital, it is the busiest time of the week.

That is fine. Were the minutes of the board’s meetings sent to Mr. Conlan in advance of the next meeting?

Mr. Brian Conlan

Yes.

It took me less than two minutes to scan the minutes of the meeting of 25 March 2013. Members live busy lives and receive much correspondence. Such is life. Did Mr. Conlan ever scan the minutes, even if he could not make it? Did he not read it through and go, “Jesus, God, Paul is getting an awful lot of money there”?

Mr. Brian Conlan

The minutes do not provide the detail of what was discussed today.

You would have read the minutes presumably. When was the next meeting after 25 March 2013? Was Mr. Conlan at it?

Mr. Brian Conlan

The next meeting would have been in April.

This was a special meeting and the minutes would have been adopted. Was Mr. Conlan at it?

Mr. Brian Conlan

Yes.

Yet there was no discussion about this payment. There was a meeting on 10 June. Was Mr. Conlan at that meeting?

Mr. Brian Conlan

Yes.

According to the documentation provided to us by the HSE the board of the CRC unanimously approved Mr. Conlan’s appointment. Was he there?

Mr. Brian Conlan

Yes, but I absented myself from any discussions on my appointment.

How did Mr. Conlan do that?

Mr. Brian Conlan

I just stepped back from the discussion.

Did Mr. Conlan physically leave the room?

Was he still in the room?

Mr. Brian Conlan

I was physically there but I did not partake in the discussion.

Does Mr. Conlan accept from a basic corporate governance position that the concept of him being present at a board meeting sanctioning his appointment - unanimously according to the HSE note - was inappropriate?

Mr. Brian Conlan

Probably, in hindsight. However, it was just a formality and it was the annual general meeting, AGM. I already had an offer-----

I am interested in this AGM because this was an issue I brought up with Mr. Nugent who described the board of the CRC as self-electing, a concept I would not mind living by but one with which I am not familiar. Was Mr. Conlan an ex officio member of the board by virtue of being chief executive officer or did he have to be elected?

Mr. Brian Conlan

By virtue of the fact that I was chief executive officer of the Mater and under the terms of the agreement between CRC and the Mater, I was automatically to be invited to be a member.

And you accepted.

Mr. Brian Conlan

I accepted.

There was a period between when Mr. Conlan left the position of chief executive officer of the Mater on 31 December 2012 and taking up the position as chief executive officer of the CRC on 1 July 2013. In what capacity was he a member of the CRC board during that time?

Mr. Brian Conlan

I was a full-term member.

So you were appointed.

Mr. Brian Conlan

Yes.

Before all of this got murkier, one of the original reasons that I was eager that Mr. Conlan would attend the committee was that he could provide us with a unique insight into the working of the CRC. Can he give us some detail about these board meetings? Were there robust discussions? Were there debates and votes?

Mr. Brian Conlan

No.

Will he explain the culture of the board?

Mr. Brian Conlan

Compared to the Mater hospital board meetings, CRC meetings were quite benign and unspectacular. They consisted of the chairman and the chief executive officer providing details of the financial situation and the services, the medical director giving an update and any other business.

Is Mr. Conlan saying they were unspectacular when it came to pension arrangements?

Mr. Brian Conlan

I accept that point. However, Deputy Harris asked me what a typical board meeting would have been like.

To clarify, in his eight years on the board, does Mr. Conlan remember anyone saying that the idea from the remuneration committee does not sound right or that there was an awful lot of money coming from the friends and supporters group and where was it going? Was everyone just sitting there like nodding dogs or were there people living up to their responsibilities as directors?

This has been so absurd today that there have been moments that are comical. However, this is very serious as Mr. Conlan knows. These services are vital. The reason the HSE is putting in so much effort to salvage this is because these vital services, provided by front-line staff, are excellent. Did the directors let the organisation down by not challenging, not taking their role seriously and just nodding along?

Mr. Brian Conlan

Over the eight years that I was a director of the CRC, the organisation balanced its books every year and more than met its service plan. There were never any issues with the delivery of service.

Yet money given to charity was used to pay wages.

Mr. Brian Conlan

These were very small amounts.

Small amounts in the overall sense but significant amounts. We now know that half of the annual income of the CRC friends and supporters group one year went to Mr. Paul Kiely.

Mr. Brian Conlan

That was regarding one particular individual. However, in the CRC I inherited on 1 July, it was small amounts of money. I am not making excuses for that fact. That would be wrong of me. I had a plan in place to completely reduce the level of top-up payments to zero over a period.

Mr. Conlan is in a unique position to answer my next question. We had this misleading or inaccurate statement provided by Mr. Kiely at the end of his testimony to this committee. We had Mr. Conlan’s successor at the Mater who provided clarity on it. It transpired the board of the CRC, as well as the auditors, signed off on financial statements which included the inaccurate statement on the Mater and its pension fund relationship with the CRC. Mr. Conlan has told the committee, and it is true, he was on the CRC board as chief executive officer of the Mater to look after its interests. Did he not spot this at any stage?

Mr. Brian Conlan

Only subsequently, after the accounts were signed. To describe it as a fee was not accurate. I accept that.

Will Mr. Conlan apologise for his role as a member of the CRC board to the clients of the CRC and the taxpayer?

Mr. Brian Conlan

If I have done anything wrong, I will certainly apologise. In all of my eight years as a member of the board, coinciding with my eight years as chief executive officer of the Mater hospital, I did my level best to spread myself as much as I could to attend board meetings and to play the role I was supposed to play. I was not privy to Mr. Kiely’s pension settlement. That is the truth. I was not part and parcel of the remuneration committee that negotiated this. If there was anything I did that was wrong, I do apologise.

My final question relates to Mr. Conlan’s resignation as CEO.

I read in your statement how you said it came about. Did you discuss it with the chairman of the board? Did it come as a surprise to the board?

Mr. Brian Conlan

It came as a surprise because I felt that the board should have gone before me.

Why did you think the board should have gone before you?

Mr. Brian Conlan

Changes were needed.

What did it do wrong that meant it should go?

Mr. Brian Conlan

In the main, it was the use of charitable moneys to pay top-up salaries.

You told us that did not happen. You just told us in your own opening statement that it was inaccurate to say that. So you knew-----

Mr. Brian Conlan

I am talking about it in the global sense. Of course it happened through-----

So you knew? So in your opinion, the board should resign because it was using money collected from charitable donations wrongly?

Mr. Brian Conlan

And the effect it had on the overall CRC-----

Did you think the board was doing a good job otherwise? Did you have other issues with that board?

Mr. Brian Conlan

No, not really, because I was only-----

That was the only issue?

Mr. Brian Conlan

I was CEO for four months.

That was the only issue?

Mr. Brian Conlan

That was the principal issue.

Did you raise it at any meeting or with any individual on the board or any other staff member? Did you express concern to the HSE?

Mr. Brian Conlan

I raised it with the board on more than one occasion during that period of time from-----

What did you say to those on the board?

Mr. Brian Conlan

I said that something must happen and people have to take responsibility. I fully expected that-----

Accept responsibility for the top-ups?

Mr. Brian Conlan

Yes, and the fact that the top-ups were being funded from-----

And it was not going to be you? The board-----

Mr. Brian Conlan

It was me at the end of the day.

What do you think of that sentence in the minutes of 25 March which states that the salary level of the new appointee and the board's approach to dealing with the HSE on this question were also discussed? It is presented as if the board was going to create a narrative around it that would-----

Mr. Brian Conlan

I cannot comment on that. I do not know what is meant by that.

I keep going back to one thing. You were part of the recruitment of a new chief executive of the CRC but you were interested in the job.

Mr. Brian Conlan

At the time that I was part of the recruitment, I was not interested in the job. It was not until much later, after the appointment of Amrop Strategis-----

When did you recuse yourself and inform everybody that you were interested in the job? You were an integral part of the process of hiring somebody to be chief executive of the CRC but you wanted that job yourself.

Mr. Brian Conlan

It was not until I saw that the internal advertisement when the job spec-----

You have got to be kidding me. It was not until you saw the internal advertisement-----

Mr. Brian Conlan

The job spec.

You were the person who was putting that together.

Mr. Brian Conlan

Not me.

You were part of the recruitment team.

Mr. Brian Conlan

That was put together by Amrop Strategis. I had no hand or part in the recruitment of Amrop.

Can someone tell me who made up the remuneration sub-committee?

Mr. Goulding, Mr. Martin and Mr. Nugent.

Mr. Martin, Mr. Nugent and Mr. Goulding. Okay. At your meetings with MERC, did you discuss pay?

Mr. Brian Conlan

No.

You did not discuss pay at all - no salary? So you went to a recruitment company and you did not discuss pay? You did not mention the salary of the incoming chief executive at all? That is unbelievable.

Mr. Brian Conlan

The meeting with MERC was to establish whether it would be suitable to recruit the CEO. That was the substance of the meeting.

You did not get into pay or salary at all?

Mr. Brian Conlan

Not that I can recall.

What is the HSE going to do about the money that has not been disclosed to date, which found out about in its investigation with the interim administrator? What decision has the HSE taken with regard to the moneys that have been given to Mr. Kiely of which it was not aware?

Mr. Barry O'Brien

First, I want to make reference to the recruitment process and draw the Deputy's attention to a letter we previously put on the record that was dated 24 April 2013. It was a letter from the then chairman, Mr. Ham Goulding, to Ms Laverne McGuinness, national director of the HSE, stating: "In accordance with the terms of our Memorandum and Articles of Association we are commencing a recruitment programme to find his replacement." This refers to the CEO. It goes on to state:

We have signed a contract with Amrop Strategis to handle the recruitment on our behalf and they have started the Executive Search process which will be carried out by reference to their contacts and database and by newspaper advertisement. We would like to have the new executive in place by the end of June[.]

The next thing we heard about it in the HSE was when the appointment was then made by way of an internal competition. So, with reference to Deputy Deasy's second question, what we are now saying is what our internal administrator stated in a letter to the committee:

At this stage it is necessary for the CRC to satisfy itself that the payments made/benefits conferred are reasonable and proper (in the context of its memorandum of association) and that any amounts paid were correctly calculated and authorised.

In the event of there being a loss to the CRC (or the Friends and Supporters of the CRC), steps to make good that loss [and deal with other consequential issues] will require to be taken.

What is Mr. O'Brien's opinion? Were they reasonable and proper?

Mr. Barry O'Brien

No. The Deputy is asking my opinion. Quite clearly, we already heard at a previous hearing that the then CEO was part of a private pension scheme whose terms and conditions he would benefit from. I also think it is hugely erroneous for the CRC to make reference to a package which was available in 2010 in the HSE when in fact Mr. Kiely chose to retire in June 2013 when no such package was available. To use that as a basis for calculating or as a methodology to award benefits-----

You are talking about the HSE's early retirement scheme.

Mr. Barry O'Brien

In 2010 only.

That is grand. Thank you very much. Again, I go back to page 2 of the minutes, which talks about the package being in line with the recommendation of the remuneration sub-committee. Could Mr. O'Brien tell me if there is any documentation as to whether a recommendation was circulated to members, or was this just brought up at this board meeting?

Mr. Barry O'Brien

For the record-----

Normally, when there is a recommendation, that means there is a paper trail. Normally, that means that people on the board would be notified that there was a specific recommendation and the figures would have been cited in that recommendation before people got to sit at the board.

Mr. Barry O'Brien

As the Deputy asked the question about 20 minutes ago, I have been advised that there are only minutes of one meeting, which was the one we have provided to the committee, and that no minutes can be located for the remuneration sub-committee.

Mr. Barry O'Brien

That is to the end of March.

So you do not have any paper trail with regard to that particular sub-committee meeting?

Mr. Barry O'Brien

That is the most up-to-date position, Deputy. They are not available.

And you are not aware of any recommendation in writing that was circulated to members from that sub-committee meeting?

Mr. Barry O'Brien

No, we are not.

When you go through page 1 of the letter and get to the last paragraph, it talks about the moneys paid by Friends and Supporters of the Central Remedial Clinic that was described in the draft internal accounts as a donation.

I ask Dr. Smith, who is an auditor, whether that is falsification of accounts.

Dr. Geraldine Smith

The wording is important. The documents states "draft internal accounts". Obviously they have not been subjected to an audit. One would expect that reference would be made in the final accounts to the purpose of the donation but it is also interesting to note that in the previous accounts the word "donation" was also used between 2010 and 2012, as well as the draft accounts for 2013. There was no reference to what the donation was in respect of-----

Can one do that, professionally?

Dr. Geraldine Smith

I always read accounts from the perspective of the man in the street. Any individual taking up a set of audited accounts should be able to assume that the accounts provide full information so that he or she can get a full understanding of the transactions involved.

It is misleading, is it not?

Dr. Geraldine Smith

One would certainly expect more information.

Is it not misleading?

Dr. Geraldine Smith

I have been informed by the Chair that I can say it is misleading.

It is also misleading in regard to the payments to the Mater hospital, which were described as a fee. There was not a fee.

Dr. Geraldine Smith

No, there was not a fee.

The auditors also have questions to answer in regard to the description of these sums.

The terms are misleading. One could go so far as to say there was falsification. I am not an accountant or an auditor. I do not have any great expertise in this area but, as Dr. Smith noted, the accounts should be written so that the ordinary man in the street can understand them. When I look at this and the interim administrator's account of it, I would go so far as to say it was done to deceive. That is very serious. This is the point he is making in the last paragraph, because he singles out the word "donation". It was not a donation in any sense of that word.

I ask the HSE about its guidelines on lump sums - I touched on this issue at the last meeting - and its interaction with Mr. Kiely in early 2013. Did it put the scare on him? What led to this? Was it in contact with the CRC and Mr. Kiely about his salary in early 2013? I do not know whether Ms Lawlor was involved.

Mr. Barry O'Brien

From mid-2013 we were in contact with every section 38 agency and we asked the same questions, specifically about compliance with public pay policy, Department of Health consolidated salary scales and whether additional payments were being made.

What contact did HSE make with Mr. Kiely and the CRC regarding Mr. Kiely's salary in the time leading up to his resignation?

Dr. Geraldine Smith

Perhaps the most significant aspect was the communications from me in regard to the audit. As I informed the committee previously, I built on information provided by the CRC to the HSE in regard to various questions that had arisen around public pay policy, members of boards, fees being paid, etc. It is perhaps possible that the interaction from audit to seek clarification of the information already provided, an assurance that the information was accurate and correct and other information on directors' fees, pension payments to private funds - I do not think that had been asked previously - was a significant factor.

It might have been a significant factor.

Dr. Geraldine Smith

I do not know what factors determined Mr. Kiely's decision to reply. The audit report issued in March 2013, and perhaps that was the culmination of the issues.

It seems to me that the audit of March 2013 put the frighteners on certain people. When people discovered they were going to be scrutinised by the HSE in regard to their salaries, they resigned. However, the deal they constructed around the resignation was incredible. I think they deceived people within the organisation with regard to how they accounted for it. I think the board members were aware of that. Certainly, some of them had to be aware of it. We are going from the attitude that mistakes were made and pay policy was breached to full knowledge of things that should not have happened. The scale of sanction with regard to how things were accounted for is something I have to question. I think it is very serious. It is not just a case of "maybe we paid him too much". If I was a member of the friends and supporters association I would have serious questions about the now resigned board members of the CRC. I do not know what steps they might take after this.

When Mr. Conlan resigned from the Mater hospital, what kind of retirement package did he receive?

Mr. Brian Conlan

I retired under the cost neutral early retirement scheme.

What does that mean?

Mr. Brian Conlan

It means that someone who is over 55 years of age can avail of the VHSS retirement scheme. I retired under that.

Are all those details with the HSE?

Mr. Brian Conlan

Yes.

Mr. Barry O'Brien

The distinction between retiring on a cost neutral basis and what was available in 2010 for enhanced early retirement was that in the former case an actuarial adjustment was applied to the value of the number of years an individual missed for full service, whereas there was no actuarial adjustment on the years of service in 2010.

I said I would revisit the issue of the early retirement scheme. Earlier I used the word "deception". The interim administrator's letter makes reference to a statement that the proposed package was considerably less beneficial to Mr. Kiely than these terms and refers to the HSE early retirement scheme of December 2010, for which Mr. Kiely was ineligible. That is untrue, is it not?

Mr. Barry O'Brien

Mr. Kiely was never eligible for that scheme because he was not a member of the scheme. He was always a member of a private scheme. He was one of the CRC staff who were in the Irish Pensions Trust scheme.

I ask for clarification on the interim administrator's letter, which states that the chairman, in outlining the details of this package, intimated that the proposed package was considerably less beneficial to Mr. Kiely when compared with the terms of the HSE's early retirement scheme. Is that true?

Mr. Barry O'Brien

Yes, he was not entitled to it but the proposed package was considerably less beneficial to Mr. Kiely.

This is made up. He could not have been entitled to it.

Mr. Barry O'Brien

That is correct.

It is an absolute falsification.

Is that not the case?

Mr. Barry O'Brien

It is not correct, yes.

Yes, it is misleading information, disinformation, misinformation.

Mr. Barry O'Brien

It has no bearing on what Mr. Kiely was or was not entitled to.

It has no bearing on any fact at all. It is a complete fabrication. Is that right?

Mr. Barry O'Brien

It has no bearing on Mr. Kiely's entitlements in the pension scheme of which he was a member.

We are dealing with a twisted web. We are just clipping the tip of this iceberg. I have been introduced to much of this only today. Things have been constructed by members of the board. I will use my words carefully. It seems to me that what was constructed was disingenuous at the very least. I go so far as to say that the details and reasons given for this were completely false in some cases and there is an element of deception here. The donation and how it was regarded within the accounts is a serious matter. I am unsure how we should proceed. Do we bring in members of the board again and ask them what they knew and did not know? My guess is that people will deny they knew anything. There must be some accountability here. I have asked the HSE how it intends to proceed. If Mr. O'Brien accepts what I am saying, and he seems to, the HSE administers and polices this area. I ask again, what does he propose to do regarding this entire situation?

Mr. Barry O'Brien

Delivery of the services remains our primary focus. When we have all the facts and information before us we will take whatever steps are necessary to ensure there is appropriate probity and governance, and if that includes seeking assistance from another statutory agency in finding the best way to proceed, we will do that with the sole interest of the integrity of CRC.

To what statutory agency is Mr. O'Brien referring?

Mr. Barry O'Brien

It may be necessary, depending on the information that arises, to seek the assistance of the Garda Síochána.

Fine. I thank Mr. O'Brien.

Mr. Conlan mentioned Mr. Simon Hall. Who is he?

Mr. Brian Conlan

He is a member of the senior management team in CRC.

Who is Mr. Seán O'Grady?

Mr. Brian Conlan

He was a member of the CRC team. He is on long-term sick leave. I have only a vague recollection of his name.

Who is Mr. Peter Edwards?

Mr. Brian Conlan

It does not ring a bell.

Who is Mr. Joseph Ryan? Mr. Brian Conlan said he had dealings with CRC Medical Devices limited.

Mr. Brian Conlan

Only from 1 July 2013.

Yes, in his position as CEO. Before that the CRC board would have been aware of what was going on between CRC and CRC Medical Devices.

Mr. Brian Conlan

The board of CRC Medical Devices?

Yes, it would have been aware of the other. There is a Visa business card account in the name of CRC Medical Devices with the statements going to Mr. Paul Kiely. When Mr. Conlan was appointed did he receive those statements?

Mr. Brian Conlan

No.

Is he aware of that Visa business card account?

Mr. Brian Conlan

I am aware there was a Visa business card account in relation to CRC Medical Devices.

Why would the Visa business card in the name of CRC Medical Devices make payments to staff of CRC?

Mr. Brian Conlan

I have no idea.

But Mr. Conlan was the CEO and a member of the board of CRC.

Mr. Brian Conlan

It was not during my time.

Did Mr. Conlan ever see the statements from that account?

Mr. Brian Conlan

No.

Mr. Brian Conlan

No.

This is despite the fact that Mr. Conlan was concerned about CRC Medical Devices, and he said earlier that it was a concern to him in the early days and took up much of his time because of the difficulties it was in.

Mr. Brian Conlan

In the early days of my tenure as CEO, yes.

Surely that would have led Mr. Conlan to examine the accounts, bank statements and Visa card statements of CRC Medical Devices. Surely he would have tracked the money in terms of the payments made from that Visa card to what seems now to have been senior staff members in CRC.

Mr. Brian Conlan

I cannot comment on that. My-----

He should be able to comment on it.

Mr. Brian Conlan

I did not carry out a review of the operation of CRC Medical Devices.

Mr. Conlan was aware that it was losing money and was in difficulty.

Mr. Brian Conlan

Yes.

When that happens, people in business generally examine their costs and what is being spent, and they begin to cut back around the margins of those expenses that are not required and should not continue. This Visa card for CRC Medical Devices paid for something in terms of people who were employed with CRC. I am anxious to find out why that was.

Mr. Brian Conlan

I do not know. That question will have to be put to CRC.

No, it will have to be put to CRC Medical Devices and the CRC staff who received payments from that Visa card. I want to know the extent of it and what the payments were for. Was it for entertainment, travel, or what?

Mr. Brian Conlan

There was a certain amount of travel and entertainment, but they were very small.

Would they have been paid by CRC Medical Devices? Would they have paid the staff of CRC?

Mr. Brian Conlan

Is the Chairman talking about staff wages?

I do not know. I only know that a Visa card account exists in the name of CRC Medical Devices and the names mentioned have been on statements relative to it. I wonder why they would receive payments from a completely separate company on a Visa card.

Mr. Brian Conlan

I suggest the members of staff are the few who would have been working for CRC Medical Devices at the same time as working for CRC. On occasion the executive management team provided the executive functions for CRC Medical Devices.

Did Mr. O'Brien come across that account? It is early days and he is working hard on the paperwork.

Mr. Barry O'Brien

Not to date.

Could he put it on his "to do" list?

Mr. Barry O'Brien

It is on our list.

I have an open mind on this. We are listening to evidence and we have yet to come to a conclusion. In view of Friends of CRC and the separate business of CRC itself and the account we are now examining, the members here have asked for the board to come before this committee again because we have not finished. I consider this a work in progress. Will Mr. Conlan make himself available to come to that meeting?

Mr. Brian Conlan

Yes, if necessary.

In line with what Deputy Deasy said, I suggest there may be a role here in terms of looking at our proceedings for the Director of Corporate Enforcement section or the Garda.

Perhaps they should be notified at least of the proceedings here. Perhaps there is a case that can be made for having a special inspector. The HSE's person there at present could be termed as such. It is clear that a huge number of unanswered questions remain. This morning's session has simply added confusion to the whole saga. I agree with Deputy Dowds and others about protecting the front-line services and restoring some sort of confidence in the charity sector. I agree that all that work is very important. However, the CRC and others seem to have done a huge disservice to that entire sector. What we have heard this morning is shocking and shameful. As Deputy Deasy has said, it cannot be let go. We have to get to the end of this. This has now opened a series of other questions.
I believe we will need to have a further session with all of those people we mentioned earlier. Mr. Conlan's presence there would help. Without putting too much pressure on the HSE and the interim administrator, I hope they will give us as much of the information and paperwork as possible so that we can piece this together.
I thank Mr. O'Brien and his colleagues in the HSE for getting the information so quickly for this morning's hearing. We have another hearing with representatives of St. Vincent's University Hospital.
Deputies Áine Collins and Ross wish to ask some questions.

I thank the Chairman.

Mr. Barry O'Brien

Just absolutely for the record, we are saying there was only one special meeting.

I understand.

I understand Mr. Conlan retired from the Mater Hospital on 31 December 2012. What was he doing from 1 January 2013 until the end of June 2013?

Mr. Brian Conlan

I was carrying out some freelance consultancy work on my own behalf.

Did he continue with that when he took the role?

Mr. Brian Conlan

It is my intention to continue that.

Did he continue with it from July while he was CEO?

Mr. Brian Conlan

No.

When did Mr. Conlan decide to express an interest in the role of CEO or was he asked by other people?

Mr. Brian Conlan

I was not asked by other people. I expressed an interest, myself, when I saw the job description and the job spec.

Was he in receipt of a pension from the Mater Hospital during his time as CEO of the CRC?

Mr. Brian Conlan

Yes, but that pension was abated in line with the legislation.

Okay.

When Mr. Conlan was a board member, did he agree with the salary that Mr. Kiely had been paid?

Mr. Brian Conlan

I was not fully aware of the salary scale that Mr. Kiely was on, but it was high; it was too high.

Did Mr. Conlan ever ask the question as a board member?

Mr. Brian Conlan

I did not because of the remuneration committee. First, he was on that salary scale long before I became a board member of CRC. It was not really within my remit to interfere with pre-existing salary scales because it would not have achieved anything.

In his role of CEO of the Mater Hospital, Mr. Conlan would have been aware of the efforts of the HSE regarding the pay scales within which people were being asked to operate. I would have thought it would have been of huge interest to the board. I am sure Mr. Conlan would have seen the accounts containing the salary scales. I would have thought it would have been prudent of the board to discuss the CEO's salary. I am sure there would have been a review of his salary every year and so on.

Mr. Brian Conlan

When I joined the CRC as CEO, Mr. Kiely had gone.

I am aware of that, but I am asking about the time when Mr. Conlan was just a board member for the eight years when he was also CEO of the Mater Hospital. I would imagine he was very much aware of what was happening with pay scales and he did not think to ask if that was an issue when he was a board member at the CRC.

Mr. Brian Conlan

My principal role as a board member for those eight years was to be the watchdog for the Mater Hospital in relation to the pension scheme. I felt it was beyond my remit to interfere with what were pre-existing salary scales dating right back to 20 years before I came on the board.

When Mr. Conlan took over as CEO on 1 July 2013, did he have access to the internal accounts, as CEO? Would he have seen all the internal accounts of the CRC?

Mr. Brian Conlan

When?

When he took over as CEO.

Mr. Brian Conlan

Yes.

In that process he would have seen the internal accounts that showed there was a €700,000 donation?

Mr. Brian Conlan

I did not see that.

Mr. Brian Conlan

Because there was no set of accounts for the friends and supporters showing that sum of money.

Regarding the payment from the pension fund, did it go directly from the friends and supporters or was it paid from the CRC? I thought there was a donation from the friends and supporters across to the main CRC account.

Mr. Brian Conlan

Yes.

So Mr. Conlan would have seen the accounts of the CRC.

Mr. Brian Conlan

Yes.

So Mr. Conlan would have seen a donation of €700,000.

Mr. Brian Conlan

That transaction had not taken place in the management accounts of the CRC.

How did payment get paid if it had not transferred across?

Mr. Brian Conlan

The Deputy is talking about bookkeeping versus cash. Obviously the cash had transferred but the bookkeeping was not finalised. I would say that the bookkeeping was to be done at the end of the year when this would have been checked out by the auditors. That is the only thing I can surmise.

That is an extremely weak excuse. An amount of €700,000 represents 50% of the money they raised. As I understand it was transferred across to the CRC account and paid out. It was explained as a donation and Mr. Conlan did not think to ask any questions, as CEO.

Mr. Brian Conlan

I did not see it. It did not come through the-----

Are there questions to be asked about how the accounts of the CRC were run and the overall financial management? I would have thought that would have been a significant amount of money not to have a paper trail associated with it. I would have thought it would have been a pretty basic thing for Mr. Conlan, as CEO, to be aware of and informed of.

Mr. Brian Conlan

In relation to my role as CEO of the CRC, there were two principal issues that were of absolute concern to me when I started. The management accounts of the organisation were not in serious jeopardy. However, what I had to do was to look after two issues: the issues with the HSE around the appointment; and the medical devices company and the winding up of same.

Obviously they were of concern, but-----

Mr. Brian Conlan

They were the highest priority. They were my principal priority.

I would have taken for granted that as a CEO, Mr. Conlan would have looked at the accounts. It would be good management at the end of every month to ask questions and presumably it would be asked at board meetings he would have attended.

Mr. Brian Conlan

The accounts I reviewed did not show any donations coming into it.

Can we get the internal management accounts to see what they contain or do we have them already?

We do not have them. They are not finished, as I understand it.

I am talking about internal accounts. Management accounts would be prepared.

That is forming part of the work of the HSE.

I am just asking if we can get them.

Yes, indeed.

I have questions for the HSE representatives. What can we do to assure the public that this will never happen again and that it is not happening anywhere else? Do we need to change how accounts are prepared so that we get further information for charities as is the case in other jurisdictions?

Mr. Barry O'Brien

What the HSE has already done is that we have met all the chairs and some board representatives of all section 38 organisations. We have developed a new annual compliance statement which will apply to the accounts for the year 2013. We have instructed each of the section 38 organisations to hold a board meeting to formally confirm for us that they will be signing and be fully compliant with this compliance statement by 31 January - this month. So by the end of this month - in early February - we should be able to advise the Committee of Public Accounts of exactly the direct response from the boards of all of the section 38 organisations with regards to full compliance with the compliance statement.

As part of that, will there be an audit by the HSE of these section 38 organisations? I mean an occasional audit where they are inspected.

Dr. Geraldine Smith

The annual plan of 2014 for the HSE internal audit service is placing significant emphasis on auditing the section 39 agencies.

We have audited section 39 agencies on a sample basis over the years. We also examine the HSE's monitoring processes with regard to service level agreements and accounts. For 2014 we will audit a number of section 39 agencies.

I call Deputy Shane Ross. I hope we will be able to take a break soon-----

-----because we will return to this again.

I wish to follow up on something the Chairman was asking about, which is credit cards. Mr. Conlan is on the audit committee and has a fair understanding of the accounts. They are very opaque because there is a big figure for operational activities of €3 million last year. How much was spent on travel?

Mr. Brian Conlan

In CRC or CRC Medical Devices?

Mr. Brian Conlan

In 2012 in CRC Medical Devices it was €14,000.

And in CRC itself? Is this figure for travel or travel and entertainment?

Mr. Brian Conlan

It is travel.

Perhaps Mr. Conlan can also give us the figure for entertainment.

Mr. Brian Conlan

The figure was €3,900.

Mr. Brian Conlan

For CRC Medical Devices for entertainment.

Both of those figures are for CRC Medical Devices.

Mr. Brian Conlan

Yes. I do not seem to have the figures for CRC.

Perhaps Mr. Conlan will get them for us.

Mr. Brian Conlan

I will.

Perhaps I will be able to jog Mr. Conlan's memory. Earlier we spoke about whether he travelled as a director and he stated he did not. Is he certain he did not go to Düsseldorf in 2006?

Mr. Brian Conlan

I did.

Mr. Conlan forgot about it earlier.

Mr. Brian Conlan

I forgot about it.

Is there anything else he forgot about which he wants to tell us?

Mr. Brian Conlan

That is it. I forgot I travelled to Düsseldorf in 2006.

It is a pity I had to find it out and ask him about it. Who paid for it?

Mr. Brian Conlan

I think it was CRC. It was 2006.

Yes, but it is relevant. I am interested in the travel arrangements and what was spent by CRC on travel. The fact Mr. Conlan cannot give us the information is not very helpful. As a member of the board he is probably aware that some people at the top of CRC did some fairly exotic travelling. Is he aware of this?

Mr. Brian Conlan

At the top of CRC?

Mr. Brian Conlan

Namely?

I will name a few for Mr. Conlan and perhaps he will fill me in. In 2006, Mr. Simon Hall, who was mentioned earlier, travelled to Nashville to a conference and to Texas with somebody else from CRC. In 2007, he went to Orlando, which is where the FÁS guys went. In 2009, he was in Orlando again for CRC with five staff members for several days. I am sure there were conferences. In that case, four of the staff gave a ten minute lecture between them so that probably justified their trip. In 2010, he was in Vancouver with Mr. Tom Kehoe, whom Mr. Conlan knows. In 2011, he was in Buenos Aires. I do not know whether he was with anybody. In 2012, he was in Vancouver and New Delhi. Presumably all of these trips involved conferences. In 2013, he was back in Nashville and he is due to be in Vancouver again in March this year. Is this justifiable expenditure?

Mr. Brian Conlan

It is hard for me to say whether it is. All of these-----

Did Mr. Conlan know about this?

Mr. Brian Conlan

No, I did not.

He is a board member. People are travelling the world and he knows nothing about it.

Mr. Brian Conlan

Board discussions would never centre around the travelling expenses of staff members.

Mr. Brian Conlan

They are operational issues.

They are matters the board must know about. It is expenditure. They are spending public money and moneys raised by the Friends and Supporters of the CRC group and the board is their guardian. Did Mr. Conlan ever ask any questions about travelling?

Mr. Brian Conlan

Did I ever ask any questions?

Mr. Brian Conlan

No.

You see, Deputy Ross, the board meetings were unspectacular.

Yes they were, but these guys were visiting pretty exotic places, and Mr. Conlan did not know about it and never asked. I do not know whether this is the full list but it is based on the investigations I made personally to find out who went to what conferences from where. I found CRC is extremely generous in the way it sends people around the globe to attend conferences. I presume Mr. Conlan would know more about the European Seating Symposium, ESS-----

Mr. Brian Conlan

Yes.

-----because he opened the conference in Dublin in 2013 and praised it. What was the story there? Who ran it?

Mr. Brian Conlan

Who ran it?

Mr. Brian Conlan

It is run by the European Seating Symposium, a group of people who run these symposia under the auspices of the CRC. It is held in Ireland every two years. It brings in huge amounts of revenue into the country, and the most recent one held in November had 88 exhibitors, 800 delegates and more than 1,000 visitors. It was profitable.

It was profitable.

Mr. Brian Conlan

Yes.

How was it profitable? Was it by sponsorship?

Mr. Brian Conlan

Sponsorship and each exhibitor must pay a fee.

Was Invacare a sponsor?

Mr. Brian Conlan

I think so.

That is fine. It crops up a lot. It did not exclusively hold its meetings in Dublin, did it?

Mr. Brian Conlan

The ESS?

Mr. Brian Conlan

As far as I know, every second year it is held in Dublin, over the past six years anyway.

I will read Mr. Conlan a letter from Mr. Simon Hall who is a director of the ESS and CRC.

Mr. Brian Conlan

Mr. Hall is not a director of the CRC.

No, sorry, he is just below that level. Mr. Conlan is quite correct.

Mr. Brian Conlan

He is a manager.

He is a manager there but he is the guy we mentioned already. This letter is written with a European Seating Symposium and Central Remedial Clinic heading and it is about European Seating Symposium study days. I am sure Mr. Conlan is familiar with these.

Mr. Brian Conlan

Yes, but I am not totally familiar with them.

Does Mr. Conlan know anything about them?

Mr. Brian Conlan

No.

That is a pity because it is another thing he ought to know something about that he does not know anything about. It is quite clear this European Seating Symposium is run by the CRC. There is no doubt about it and I will give Mr. Conlan this letter to read if he likes. It has study days, and a letter from Mr. Hall to delegates states the European Seating Symposium is not only about the four day event in Dublin, to which Mr. Conlan referred, as it also runs extremely successful study days throughout Europe. The letter mentions a call for papers for presenters for these study days and states if one is interested in presenting on any of the study days in Slovenia, Norway, Spain, Portugal, France or Malta, one should see the website for the call for papers.

This was being run by the CRC. Can Mr. Conlan tell us how many study days were involved?

Mr. Brian Conlan

I cannot.

This is important. The cheques from the people who attended the study days were made out to the CRC No. 3 account in Finglas and Mr. Conlan knows nothing about that.

Mr. Brian Conlan

I do not know anything about the study days. I do not know who participated in the study days or-----

Mr. Conlan was the chief executive at the time. Who was on the line for this lost money?

Mr. Brian Conlan

I was.

But Mr. Conlan did not know anything about it.

Mr. Brian Conlan

I was chief executive. The European Seating Symposium, ESS, did not lose money.

What if it did or does lose money? I do not believe all of these study days came off. Some of them did, such as the one in Porto.

Mr. Brian Conlan

I do not know either if they came off.

Well, some guys went to Porto last year on 9 and 10 May, which was just before Mr. Conlan succeeded as chief executive. There were others planned. What was happening there?

Mr. Brian Conlan

I do not know.

Who is on the line for it if there are more study days? Who is underwriting them?

Mr. Brian Conlan

The HSE.

Yes, but was the CRC on the line for them before this? The cheques came in to the CRC. The CRC was managing it and managing the money. It was a CRC event. The plan was to travel all around Europe, for reasons which I do not understand.

Mr. Brian Conlan

The ESS has been hugely successful.

The ESS had held three meetings thus far.

Mr. Brian Conlan

Yes.

Mr. Conlan knows that and I know that and when the last meeting was held, but I do not know when the study days were held? I am suggesting that Mr. Conlan ought to know.

Mr. Brian Conlan

I know that the ESS was successful.

How much has it made?

Mr. Brian Conlan

It is €80,000.

Mr. Brian Conlan

This year.

Where does the money go?

Mr. Brian Conlan

To the CRC.

So the CRC gets any profits?

Mr. Brian Conlan

Yes.

What happens if it loses money?

Mr. Brian Conlan

The CRC would have to pick up the tab. I do not believe it has lost money.

So it would have, presumably, lost money if the study days had not come off?

Mr. Brian Conlan

ESS in its own right, with the exhibitors and the sponsorship this year, made a profit of about €80,000.

Congratulations. It is absolutely fantastic that CRC made money on something. What I am not impressed by is that there is a lot of travel going on, which Mr. Conlan does not appear to know anything about and did not know anything about when chief executive.

Mr. Brian Conlan

I cannot be expected to know who is travelling where? How would I as a board member know that?

Mr. Conlan was chief executive.

Mr. Brian Conlan

But I was only chief executive for four months.

Mr. Conlan as chief executive should have known about the study days. The plan was to visit at least six countries in Europe and despite the fact this was happening under his nose and was being financed by CRC, Mr. Conlan knew nothing about it.

Mr. Brian Conlan

I do not believe any of those trips took place during my four months as CEO.

None of them took place then but they were planned, is that correct?

Mr. Brian Conlan

I did not sign off on any trips to eastern Europe.

Did Mr. Conlan learn about the trips that had taken place prior to his being appointed CEO?

Mr. Brian Conlan

No, I did not have time.

It seems to me that either Mr. Conlan was not terribly vigilant or he was being kept in the dark about an awful lot of things.

Mr. Brian Conlan

I do not accept that I was not vigilant. I was hugely vigilant for the four months I was CEO in terms of what I had to do. The priorities were to sort out the position and to sort out CRC Medical Devices Limited. They were my priorities when I joined. I was only CEO of the CRC for four months.

Mr. Conlan, as a board member, knew nothing about the travel.

Mr. Brian Conlan

Not to the level of detail that the Deputy would expect me to know. I do not believe that any board members would be aware of travel by staff members. That is not the sort of detail that goes to boards.

Mr. Conlan as chief executive knew nothing about the study days, which could have cost a great deal of money. I think many of them had to be cancelled.

Mr. Brian Conlan

I would not have approved anything that was not going to generate funds.

You would not?

Mr. Brian Conlan

No, I would not. They would not leave their duties in the CRC without me knowing.

We will move on.

I have a question for Dr. Smith of the HSE. When did the HSE undertake its inspection, in terms of the section 38 report, of the CRC?

Dr. Geraldine Smith

I commenced the audit in July 2012. I corresponded in this regard with the CRC and all the other section 38 agencies in July 2012 and August 2012.

Was Mr. Kiely in situ at that time?

Dr. Geraldine Smith

Yes.

Did Dr. Smith conclude the audit prior this resignation?

Dr. Geraldine Smith

Yes. The audit report issued on 15 March 2013.

That was a week or more prior to the board meeting of 25 March.

Dr. Geraldine Smith

Yes.

We will now adjourn this section of the meeting and resume with the representatives of St. Vincent's. As agreed, we will resume our meeting on another day with Mr. Conlan and other board members. We will set that meeting as soon as we can. I thank Mr. Conlan for attending. I understand Mr. O'Brien is remaining for the next part of our meeting.

Mr. Barry O'Brien

Yes.

We will take a break at this point and resume after the vote in the Dáil.

The witnesses withdrew.
Sitting suspended at 1.55 p.m. and resumed at 2.50 p.m.
Professor Noel Whelan (Chief Executive, St. Vincent's Healthcare Group) called and examined.

We are dealing with the 2012 Appropriation Accounts of the Comptroller and Auditor General, Vote 39 - Health Service Executive, section 38, agencies remuneration. Before beginning I again remind members, witnesses and those in the Gallery to please turn off their mobile phones or keep them away from microphones as they interfere with the sound quality of the transmission of the meeting. I advise witnesses that they are protected by absolute privilege in respect of their evidence to the committee. If witnesses are directed by the committee to cease giving evidence on a particular matter and they continue to do so, they are entitled thereafter only to a qualified privilege in respect of their evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against a Member of either House, a person outside the Houses or an official by name or in such a way as to make him or her identifiable. I remind members of the provisions within Standing Order 163 that the committee shall also refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government, or the merits of the objectives of such policies.

I welcome Professor Noel Whelan and ask him to introduce his officials.

Professor Noel Whelan

Thank you. Should I begin my statement?

No, you can introduce your officials first.

Professor Noel Whelan

Certainly.

I have an issue regarding the last session. Mr. Cregan, who is the HSE-appointed interim administrator at the Central Remedial Clinic, CRC, should be invited before the committee. He is the person on point and central to the inquiry into the accounts of the CRC. If we are to ask board members to appear before this committee, he should be included, as the work he has done over the past few weeks will be invaluable. This has taken on a completely new significance, considering what we have learned today, and he is probably integral to examination of the information given to the committee today.

Will Mr. O'Brien speak to Mr. Cregan and arrange that?

Mr. Barry O'Brien

Yes. Is it a case of him attending on the day the board is to come before the committee or separately?

It could either be separately or on the day the board is to attend.

Mr. Barry O'Brien

We can make the arrangement based on the board's preference.

We will agree to invite him before the committee and we will consider what the arrangement should be. He could come in either separate to the board or with them. Does the Deputy have a view on it?

I do not and it is a matter of how we want to structure this. There is a two-page letter from this man which has some pretty amazing allegations. They need to be teased out. We also need to ask him about other documentation. It is fair to say the justification for Mr. Kiely's extraordinary lump sum was based on a false premise and the accounts were not recorded honestly. I am not surprised people would not admit that they were aware of certain facts, considering what Mr. O'Brien stated at the end of the last session, which is that An Garda Síochána may be contacted with regard to potential criminal prosecutions in this case. It is absolutely critical that the interim administrator be asked to come before the committee if he is the person central to the examination of these matters.

I suggest that the clerk to the committee should discuss that with Mr. Cregan. Perhaps we could have a separate sitting to discuss directly with Mr. Cregan the various papers prior to a meeting with the board, and perhaps he would attend that meeting as well. It could be on the same day. We will see what is the proper thing to do and ask the clerk to the committee to make the appropriate arrangement in consultation with Mr. O'Brien and the HSE.

Professor Whelan can now introduce his team.

Professor Noel Whelan

I thank the Chairman for giving us the opportunity to come before the committee today. I am joined by fellow board members and non-executive directors. They are: Mr. Stewart Harrington, deputy chairman of the group; Mr. James Menton, chair of the finance committee; Mr. Thomas Lynch, a non-executive director with extensive experience in the pharmaceutical industry; and Mr. Nicky Jermyn, executive director.

Professor Whelan will give the opening statement.

Professor Noel Whelan

It is short as I know the committee has a busy day. We are here today because although the group believes it is compliant with public sector pay policy for the health sector, the HSE regards the group as being non-compliant. As a national and international organisation and service, we need to come before the committee and explain the matter so that eventually - I hope very quickly - the group will be accepted by the HSE as being compliant with public sector pay policy. I will address that soon.

To help the committee understand the group, I will outline some brief details. St. Vincent's Healthcare Group Limited is a not-for-profit organisation. It is a private company limited by shares; it is owned by shareholders, the Religious Sisters of Charity, and it has charitable status. It comprises three operating divisions, which are St. Vincent's University Hospital, St. Michael's Hospital in Dún Laoghaire and St. Vincent's Private Hospital. Of these, the two hospitals in Elm Park are on private land owned by the shareholders of the group. Separate trading names were registered for each division within the company, and St. Vincent's Private Hospital was established in 1974 with the primary purpose of providing additional capacity for public patients by providing a private hospital for insured patients or those who could afford to pay. This also allows the hospital to attract consultants of the highest calibre, ensuring the best service for all our patients. Any surplus generated by the private hospital is reinvested in the group and no dividends, fees or remuneration for being a director or bonus payments are paid to the company's directors. We contribute thus in a voluntary capacity.

The integration of the three then separate hospitals into a single group was completed by decision of the shareholders in 2003. It was considered that this provides the best model of care for patients and ensured that we could move insured patients from the public hospital to the private hospital, thereby freeing additional capacity in the public hospital and maximising patient choice. This unique model has worked extremely effectively for patients over the past decade. It has increased capacity, improved access and provided high-quality and safe health care. As the group is at the core of today's committee meeting, I dearly wish to tell about its expansion, its many accomplishments and developments, etc., all of which are of specific benefit to Ireland's health sector, but I would go over my speaking time in doing so. I will put the information in an appendix which I hope will see the light in due course.

I will come to the core issues I presume are before the committee today. The first is public pay policy. We are before the committee today because of public pay policy as it relates to the health sector. A significant focus remains on remuneration arrangements for three staff in St. Vincent's Healthcare Group Limited. We believe the group is in compliance with public pay policy in the health sector; this belief is based on legal advice, and we can expand on that if required during questioning.

We had not divulged any information in relation to the salaries of the small group of executives involved as there were issues involved, including contract law, individual contract rights and data protection, and they had to be considered. Critically, also, there were no public or charity funds involved. Let me stress that so there is no ambiguity about it. No funding was used from charitable donations. The group's charity fundraising body is St. Vincent's Foundation. It is run entirely on a voluntary basis. The funds raised philanthropically go towards the aims and objectives of St. Vincent’s Foundation. So there is no charity money involved.

As members of the committee may be aware, I, as chairman, and my colleague the vice chairman met the director general of the HSE and his colleagues on Thursday last, 9 January, to discuss the pay policy issue. This was the week suggested by the HSE for the meeting. We again met the director general and his colleagues on Tuesday, 14 January 2014.

We are in current discussions with the HSE which we hope will lead to an agreed process that will result in there being no issues with the HSE regarding pay compliance. As members can appreciate, there are complex issues to be worked out and we must, of course, ensure that the law is upheld in the process. The HSE’s own circular has asked agencies not to break the law as situations are dealt with. In a letter of 5 November that was also emphasised to us by the HSE.

To be specific here, while the current group model has worked excellently for our patients - and we believe fervently it has - the group board is, in the public interest, willing to adapt it. Subject to the early successful outcome of the process I have just referred to, the net result should be, and I hope it will be, as follows: there will be no pay compliance issues with the HSE; the salary of the group CEO will be paid entirely from funds generated by the private hospital and thus outside the purview of public sector finances as such; and the roles of group CEO and CEO of St. Vincent’s University Hospital will not be occupied by the same manager. There has been, as members know, sound logic for the incorporation of the two roles in one person. We can expand on that later if members wish. That is our position in net form regarding public service pay.

I turn to corporate governance, which is kind of related to pay as well. There has been a lot of discussion about the integration between the public and private hospitals of the group and whether there is the appropriate level of corporate governance in place to ensure that public investment in health within the group is appropriately safeguarded. My colleagues and I will be very glad to expand on this if required during question time, but let me first mention a few points relating to governance here.

First, two hospitals of the group, St. Vincent’s University Hospital and St. Vincent’s Private Hospital, have been accredited by the Joint Commission International, JCI. This is a prestigious, internationally recognised independent organisation for accrediting health-care organisations worldwide. St. Vincent’s University Hospital is the only academic teaching hospital in Ireland to be accredited. First we were accredited in 2010 and then we were re-accredited in 2013. One of the key international benchmarking standards - which is why I raised this in the governance context - of JCI is “Governance, Leadership and Direction,” and we have consistently met this high standard. This is on the basis that the group board and St. Vincent’s hospitals have clear responsibilities, accountabilities and authorities defined at each level in the organisation.

I come to my second point about governance. Financial clarity exists between the three hospitals in the group. The financial accounts and the bank accounts for the three hospitals are separate. Money provided by the HSE for the treatment of patients under the service level agreements with St. Vincent’s University Hospital and St. Michael’s Hospital is, of course, extremely closely monitored on an ongoing basis by the HSE.

Of prime concern to us is upholding the public interest in our corporate governance arrangements. We want to do that. We have noted the fair comment from, among others, members of this committee and we accept that it is not just about protecting the public interest but being seen to do so as well. Consequently, the board of St. Vincent's hospital group is willing to add immediately to our existing board committees a public interest committee of the board. Nobody is forcing us to do this, but we would wish to do it to put a clear focus on this. This committee will monitor, on an ongoing basis, issues arising from the public interest which may be of relevance to the group. This committee will be an addition to our existing committees - audit, remuneration, nominations, risk advisory, clinical governance, and mission effectiveness. Each of these committees and the board itself would like to think we keep the public interest in mind at all stages, but we are going to add this committee to give a clear, acute, laser-like focus to public interest as we go forwards.

The points I mention are but a few points from a very broad canvas relating to governance, which I know some members of the committee have raised legitimately in public. I hope we can respond further to the governance issue as well as the public pay issue if members wish.

The last point I want to stress in my statement is the release of information on remuneration. We know there has been disquiet on the part of the Committee of Public Accounts about the release of the information on remuneration levels on 23 December, just before Christmas. While we will go into it in questions if members want to, there was an explicable reason for this and I hope we can address it during question time.

My colleagues and I will endeavour honestly to answer as fully as possible any questions members may have.

I thank Professor Whelan.

I thank Professor Whelan and his colleagues for being here. I also thank the HSE representatives for remaining with us. At the outset I want to make three points that predicate my remarks. None of this exchange today and none of the work of the Committee of Public Accounts - I think I can speak collectively on that - in any way seeks to undermine or devalue the excellent service being provided to many patients in all the hospitals under the St. Vincent’s Healthcare Group and the excellent work being done by their front-line staff. The witnesses have given us an extensive list of health advances; let us take that as read.

To the best of my knowledge, at no stage has anybody suggested that any charitable funds have been used for pay or pensions. I am very happy to put it on the record that I do not suspect that or in any way allege it.

I welcome that the witnesses have come here with proposals and ideas. We will see how we get on with the proposals and ideas in terms of the questioning and the view of the HSE. However, I acknowledge that the witnesses have not come empty-handed.

I need to start at the beginning. The witnesses will have heard comments from members of this committee and others about the extreme disquiet we had about the refusal of the St. Vincent’s Healthcare Group to reveal the level of what has now become known as top-ups being paid to some of its management. I believe there are 34 section 38 organisations. When we met here in December, St. Vincent’s Healthcare Group was the only such organisation that had refused to reveal those payments. As Professor Whelan correctly said, we were rather cynical about the timing of the release of the information just before Christmas Eve. Why did the group refuse on the day we met in December to provide that information to us or the HSE? What was the reasoning behind the timing of the release and the group's change of mind on the issue?

Professor Noel Whelan

I thank the Deputy. I will respond very briefly to say we will cover those two things. On the first question, about the alleged refusal to disclose the information, I will ask Mr. Jermyn to cover that. I will come back to the board's issue of releasing the information and so on. Maybe Mr. Jermyn could come in on the first and then I will come in on the second question, with the Deputy's permission.

Mr. Nicholas Jermyn

As the chairman said in his opening remarks, we have always believed we were in compliance with the Government pay policy. The remuneration paid to the three senior executives relates to work they undertook in the private sector. In this regard we have always believed that we were compliant. We had to seek legal advice; we did seek legal advice and then in the public interest we realised we needed to ensure that we co-operated. The Deputy has referred to that. We have said that the HSE requested that the St. Vincent’s Healthcare Group supply this information to the committee. As I said, we had to check and we decided that we would forego the legal advice in the interests of the public. Because we were compliant, we thought we were compliant and we wanted to work with everybody, we decided to disclose the information.

Professor Noel Whelan

I might come back in. As Mr. Jermyn has said, the legal situation that faced us, as we were told, was that we were completely and utterly compliant with the section 38 legislative requirements.

We can cover that in the questions if members wish.

Moving onto the late disclosure of information, people were looking for the information coming up to about 20 December. At that stage the board was in perpetual session. We decided it was a major public interest issue and that we needed to review the public interest requirements. Nobody forced us and we unilaterally put aside the legal advice and said that we would release the information. Then, we called a board meeting on 22 December. We are a voluntary board and people have other things to do. People receive no pay so we cannot press a magic button and get a special board meeting. We called a special meeting and we said we would release the information. The board agreed and that brought us up to the Friday before Christmas. Then we released the information and it hit the public on 23 December. I admit it was near Christmas but we could have held off until the new year when it would come out in the fullness of time. We rushed to get it out and I know it irritated people.

What probably irritated us more was that the hospital provided the information when everyone else in the sector, including cases where the income came from private sources, had released information. Does Professor Whelan acknowledge that it was regrettable he did not provide the information sooner?

Professor Noel Whelan

I do not acknowledge that it is regrettable because our situation was the legal situation until that point, when the public interest began to loom large. When it did, we moved sharply and quickly to meet the public interest in every respect. That is our position.

It was regrettable from our end. We have read the correspondence from our meeting on 20 December from Professor Whelan, Mr. Jermyn and the director of finance to the HSE and this committee on the view that the hospital group was compliant with public sector pay policy. Mr. Jermyn's letter to the committee quoted the Secretary General of the Department of Public Expenditure and Reform suggesting it only referred to public sector pay. Ms Oonagh Buckley and Mr. Brazel from the Department of Public Expenditure and Reform were present on the day and Mr. O'Brien and Ms Lawler attended from the HSE. Everyone was ad idem that the hospital was not in compliance. Do the witnesses now accept that they were not in compliance? I have read the language in the opening statements and I have heard Professor Whelan's comments that he believes the group was in compliance but the HSE does not think so. Does Professor Whelan accept that, under the service level agreement and in the view of the HSE, the Department and the Government, the hospital group was not in compliance with public sector pay policy?

Professor Noel Whelan

I will pass the question, which relates to the letter of the group's chief executive, to Mr. Nicholas Jermyn, who will respond initially, and to Mr. Menton on the finance side. I will come in after that.

Mr. Nicholas Jermyn

The remuneration we paid to three senior executives relates to work undertaken in the private sector. In this regard, we have always believed it is similar to any other public servant who has additional employment in the private sector, whether lecturing, self-employment or any other employment. The remuneration to these individuals was private and not a matter for public disclosure. That was the view we took. We had legal opinion from senior counsel and, in the case of four of the seven additional staff, they were being dealt with under the process entered into with the HSE when the topic arose. We firmly believed we could deal with them. With regard to the three executives referred to in the media, we felt it was compliant but we recognise the difference. We must work through this, as referred to in the chairman's address.

We will get to the perspective of the HSE on this in a few moments. Let us talk about the seven individuals concerned. Mr. Jermyn is one of them, along with Mr. Maloney, Ms Duff and Mr. Meagher, and we do not know the identities of the other three staff members. Can Mr. Jermyn provide us with more information?

Mr. Nicholas Jermyn

We entered into a process with the HSE and it has gone on for some time. We entered into a process of examining and resolving the issues we felt needed to be resolved. Of the seven, one individual was seconded to the HSE in 2011.

That is Mr. Meagher.

Mr. Nicholas Jermyn

Yes, and therefore that was not part of our consideration at that point in time.

I accept that.

Mr. Nicholas Jermyn

We were in the process with the other three people, which I entered into, with a view to becoming compliant with HSE circulars. However, the negotiations were not completed when we made the disclosure so we informed the HSE that there were seven, including the person on secondment. In respect of the three individuals referred to - myself, the company secretary, Mr. Maloney, and the director of nursing - we accepted the need to address the situation and we started looking at it in October. We were engaged in a process, as the circular from the HSE suggested, with the four people to get them dealt with. The three people we are talking about had additional roles we needed to look at. The group roles we played were needed and we had to decide what to do. The chairman has outlined in his opening remarks that we are now engaged in a process with the HSE and we should bring ourselves into compliance with the circulars in respect of the three people. The model we have been working through has worked for our patients and we must now examine the model of having three people in a role in two ways. This applies particularly to myself. We are in a process and we have recognised that we must address this. The chairman has indicated the board will examine it.

We will talk about Mr. Jermyn in a moment. With respect, the question was who the other three staff members were and what they do.

Mr. Nicholas Jermyn

We are in the process. In respect of two, we have ceased the payments and we have regularised the third. In fairness, to the Deputy and everybody present, I would like to continue the process. We must finalise things with those people.

Is Mr. Jermyn of the view that, of the seven - and Mr. Meagher is on secondment so we can park that for the moment - there is Mr. Jermyn and two others and that he has completed or almost completed regularising the pay of the other three staff members?

Is the HSE happy with that, that the situation of three other staff members at St. Vincent's Healthcare Group is regularised or is about to be regularised?

Mr. Barry O'Brien

The group advised us that it was working internally through a process to ensure full compliance. Obviously, we take that as a clear indication.

People want to know where the top-ups are coming from. We have clearly stated that they are not coming from charity sources, which we accept. We will get onto corporate governance later. Can the witnesses explain where the top-up of €136,591 in the case of the privately funded salary of Mr. Jermyn and his car allowance, the privately funded salary of €32,544 for the director of finance and the privately funded salary of €14,853 for the director of nursing came from?

Mr. James Menton

By way of a quick overview, we are one company and we have three business units, two public hospitals and a private hospital. The governance and management is of a group with three units. The contract of employment for Mr. Jermyn is with the group and covers his group responsibilities and his performance is evaluated across those metrics. As disclosed in the letter on 23 December, his total remuneration is partly financed through the service level agreement with the HSE and the rest comes from resources within the private hospital.

What does Mr. Menton mean by resources?

Mr. James Menton

I mean from the same income and expenditure. Part of the remuneration comes as a charge to the private hospital only.

Is it the same for Mr. Maloney and Ms Duff?

Mr. James Menton

Yes, for the portion not financed under the service level agreement with the HSE.

Understandably and legitimately, there has been much talk about levels of remuneration and we can now talk about Mr. Jermyn's situation. There are also broader issues, which I want to focus on. Mr. Jermyn is the CEO of St Vincent's University Hospital.

Mr. Nicholas Jermyn

That is correct.

Mr. Nicholas Jermyn

To clarify, I was appointed CEO of St. Vincent's University Hospital. We then formed the group and I was asked to take on the role of group chief executive, so now my role is group chief executive and components of that job are broken down into the university hospital and the private hospital.

I understand that. I am trying to establish how long Mr. Jermyn was in the university hospital before the group was set up.

Mr. Nicholas Jermyn

I was appointed in April 1994, if I remember rightly.

Mr. Jermyn was the CEO of the public hospital from April 1994 and paid through the health service at the time.

Mr. Nicholas Jermyn

That is right - through the public Exchequer.

When was the health care group set up?

Mr. Nicholas Jermyn

We committed the formal group of the three hospitals together with the private in January 2003.

Mr. Jermyn has been the only group chief executive of the St. Vincent's Healthcare Group.

Mr. Nicholas Jermyn

That is correct.

To bring it back to basics, Mr. Jermyn is paid by the public service to run a public hospital. My only interest and that of the Committee of Public Accounts is what he is doing in regard to taxpayers' money and protecting taxpayers' interests. Mr. Jermyn might cast light on this but presumably being chief executive of a university hospital is a full-time job.

Mr. Nicholas Jermyn

I am now employed by the group company to carry out the duties of group chief executive which involve ensuring that services are provided and managed in the university hospital, which is one element of my job and paid through the HSE. The other element of my job involves the integrated model of care that we developed. We are very unique in the context of the way we deliver care between the private and public hospitals and St. Michael's Hospital. The reason is to be able to oversee and ensure that, with all the other hospitals I am involved in, we have an integrated plan of care.

Mr. Jermyn hit my question on the head when he said that an element of his job was the university hospital and another element of his job was the private side of the group. That is my problem in a nutshell, namely, that an element of his job is now running a public hospital, or the public element of the hospital. I do not wish to put words in Mr. O'Brien's mouth but when I had an exchange with him on 20 December, his view was that Mr. Jermyn was paid to be the full-time chief executive of the university hospital. It is now an element of his job.

Mr. Nicholas Jermyn

I must stress that I have a job to carry out as the chief executive of St. Vincent's University Hospital as part of my group role. I must stress that role incorporates the management of the university hospital and all that goes with that and the public sector. The attachment or appendices give a list of services and work that I carry out. As the Deputy will know, I am working for the university hospital as well as for the group. It is all one entity. The key here is that the university hospital is linked to many other hospitals in the region, as the Deputy will know. I am involved in St. Columcille's Hospital and Holles Street hospital in that role. With that role and the new integration and reorganisation, a large part of what I do is that integrational link. It is about the delivery of the quality of care. As the Deputy said, the care delivered by people in St. Vincent's University Hospital and by the associated hospitals is second to none.

That is not even under discussion. I will put the question another way. The Minister for Health said at a committee today, in regard to Mr. Jermyn's situation, that there is only one hospital in the country where the CEO is both the CEO of a public and a private hospital. I believe that to be a conflict of interest and to be unsustainable. Does Mr. Jermyn believe it to be a conflict of interest?

Mr. Nicholas Jermyn

I think my chairman wants to come in but I would stress that we have been putting proposals forward because we recognise there are issues to be dealt with here. I accept that we are working through a process with the HSE and the chairman. I might ask the chairman to comment on the-----

Will he explain the process?

Professor Noel Whelan

I think the Deputy is asking very pertinent questions.

I thank Professor Whelan.

Professor Noel Whelan

Let me give the Deputy the context. We have agreed in the public interest to separate these two roles. That is it and we are moving on from it. The question is, why did we have them there in the first instance?

Yes. That is the question.

Professor Noel Whelan

The group was established, as the Deputy heard, in 2003. The key initial task was to consolidate that group. Our shareholders wanted us to do that. They wanted us to ensure the private hospital emerging and the public hospitals were unified interactively so that the public hospitals could benefit from the private hospital to share beds more for the public sector. The key task was to consolidate the group. We immediately asked how would we do this. We could have recruited another person separately but we said let the one individual do the two jobs fully and actively because they are intertwined. Then the new hospital came on stream. We had to have that designed, built and developed and had to get it up and trading and so on.

I am reluctant to interrupt Professor Whelan but I have an amount of questions to get through. As a new health care group, a decision was made to have one individual take on the two roles. I think that is a statement of fact.

Professor Noel Whelan

Yes.

At any point, was the Department of Health or, subsequently, the HSE consulted in regard to that situation? I would really appreciate an answer to that aspect.

Professor Noel Whelan

I will revert to the group chief executive on that because he has constant interaction with the Department of Health.

I know Professor Whelan is trying to be helpful but I just need him or somebody else to answer that question.

Mr. Nicholas Jermyn

Could I answer that please?

Mr. Nicholas Jermyn

I was written to by the Eastern Regional Health Authority. I have letters written to me as chief executive of St. Vincent's Healthcare Group. What I am saying is that we did not look for permission from the HSE or the Department over the years. As a limited and private company, the board of directors made decisions on the basis that it felt this was the best way forward in regard to integrating the services. However, the board has agreed - the chairman indicated this - that there is a need to look at the situation but I want to stress that at no time did anybody think that the model we had was not working. It still works. However, the key here is to recognise that there is a need to look at it now, having regard to the changing circumstances, etc. This is a governance issue as well, so I suppose it may not be fully right that I should be answering that question.

Mr. James Menton

I am just trying to summarise it in my own mind for the benefit of Deputy Harris. It is quite clear there is a difference of opinion between the board and the HSE in terms of compliance or otherwise. In good faith, our view as a board, supported by legal opinion, was that we were compliant. The HSE and others have a different viewpoint. In order to move forward, we need to resolve that difference, where we have a joint agreement as to what is compliant or not compliant - legal or other issues aside. To reiterate the point made in the opening statement, our way forward, in negotiation with the HSE, is to agree a proposal, a process, which will, ultimately, lead to a successful outcome and a mutually acceptable proposal around three modalities.

In terms of the compensation of Mr. Jermyn from the point of view of section 38, we would absorb that salary cost which is where we would like to get to and also the separation of roles. Our objective is clear, namely, we want to arrive at a mutually defined position where we are compliant. We want to move on with the continuation of serving our patients and doing our business which is the provision of top class health care to people in this country. That is our main objective.

Let me give some examples of why I believe and I think the HSE believes - it is possibly why the Minister for Health made the comments he made earlier - there is the potential for conflict of interest in the current situation in St. Vincent's. These are not personal remarks but are about the structures which have been put in place. I want to give two examples. The first is the situation pertaining to consultants and the second is that pertaining to the mortgaging of facilities which were constructed with State assistance. I will start with the latter one. Chapter 46.3 of the Comptroller and Auditor General's report in 2011, with which the witnesses will be familiar, states:

In November 2010, SVHG opened a new private hospital on the Elm Park campus. Responding to my enquiries in relation to that matter, the HSE reported that, over a number of years, publicly-funded assets had been used as security by SVHG in return for facilities from commercial banks. The Accounting Officer stated that those arrangements included

- security granted in favour of Ulster Bank in 2002 by a subsidiary company of SVHG over a car park on the public campus, with a floating charge on the subsidiary company’s assets

- a mortgage debenture granted over certain property at the Elm Park site to Bank of Ireland in respect of the new private hospital

- a mortgage of certain property at the Elm Park site, granted by SVHG in favour of Bank of Ireland in 2009

- a mortgage debenture in favour of Bank of Ireland in October 2010 including

- a fixed charge over the entire St Vincent’s Hospital site

- a floating charge over all of the undertaking, property and assets of SVHG both present and future.

We know that once it was established, the HSE tried its best, in the interests of the taxpayer, to get some sort of hold or lien for the taxpayer. The Accounting Officer told the Comptroller and Auditor General that the deed of covenant that they managed to put in place was, in effect, the least worst option. Cathal Magee, the former head of the HSE, told this committee on 26 January that it emerged that a €200 million grant for a clinic and science building had been made to the health care group in 2004 without the funded assets being secured in favour of the State through a legal security instrument. He then said that the creation of this security made it impossible for the HSE to secure first ranking for the State over the entire public hospital. It was at that point that he referred to it being the least satisfactory option. The Department of Health and the HSE told the then Comptroller and Auditor General that the HSE could find no other example of the mortgaging of such a publicly funded facility at a voluntary hospital. In reply to my parliamentary question on the issue last night, the Minister for Health confirmed that there was no departmental or ministerial consent given to any of this. I ask the witnesses to respond.

Mr. Nicholas Jermyn

At the outset, I must say that we are a private limited company. We have private assets that we own. However, there was investment in St. Vincent's University Hospital and we opened a new clinical services building in 2009, the building of which began in 2000. Prior to that, there was no instrument to allow us to secure the State's interests. In 2009 or 2010, the HSE introduced an instrument that allowed us to protect the State's interest. We had entered into those agreements prior to that date. I remind Deputy Harris that the grant for the new 100 bed ward block was enacted and then we retrospectively sat down with the HSE and signed a grant agreement. It was stated last November, regarding that grant agreement, that "the HSE has advised that the State's interest in St. Vincent's Hospital is secure and that the State does not have a financial interest or exposure-----

Excuse me, can Mr. Jermyn tell us where he is reading that from?

Mr. Nicholas Jermyn

It is a statement that was issued last November, following inquiries. I am trying to explain that we signed a State interest agreement in 2010 or 2011. It was signed up with legal agreement with the HSE so the State's interests are protected and statements have been issued confirming that. On 19 November the Department of Health, as I understand it, issued a statement in which it confirmed that the State's interest was protected.

I actually disagree, not based on my own feelings on the issue but based on the report of the Comptroller and Auditor General, the comments of Mr. Cathal Magee and the comments of the former Comptroller and Auditor General at a meeting of this committee at which I was present. The conclusion of the report from the Comptroller and Auditor General is that St. Vincent's Healthcare Group pledged publicly funded assets in return for bank finance for the development of its private hospital. It is perfectly legitimate for Mr. Jermyn to talk about the new structures that were put in place and it can certainly be said that the HSE ran around retrospectively trying to claw back the situation. However, it is very clear, in black and white in the Comptroller and Auditor General's report and from Mr. Magee's comments, that the structure put in place is the least worst option in terms of the interests of the taxpayer. It is not as good as the State would have wished.

Professor Noel Whelan

I wish to intervene. The board went through all of what the Deputy has raised. The board was under the leadership of Mr. Stewart Harrington, who was the deputy chairman at the time, so perhaps Mr. Harrington would like to comment on the Deputy's very valid questions.

Mr. Stewart Harrington

I will start by saying that we are fully aware of this. It might be useful if I give a little bit of context to this and fill in the background. If we go back to the original development of the hospital in 1972, an agreement was put in place with the Department of Health at that point in time whereby it gave a grant for the construction of the hospital and that grant was repaid over 30 years. In point of fact, therefore, the grant was paid off in 2001 or early 2002. That was the situation. When we received notification from the Eastern Health Board, as it was at the time, that we were going ahead with the new clinical services building, I expected that they would come up with some sort of mechanism to protect the State's interest. Normally, this should take place. I come from a construction and surveying background so I understand the process. I informed the board regularly that I could not understand why such an agreement had not been brought up. Construction started and took a number of years. I am sure board members will confirm that I used to report on how the construction programme was going, whether we were on budget, on target and so forth and I used to say that we could expect some form of a grant agreement from the Eastern Health Board at some stage and subsequently, by the way, when the HSE took over, but nothing ever happened.

Mr. Harrington is saying that the Department and the HSE did not do their job in protecting the taxpayer.

Mr. Stewart Harrington

What I suspect may have happened is that when the HSE was established, it quite rightly and reasonably, in my opinion, would have expected that the old health board would have put a security in place and did not do it.

Did the hospital board have any duty or responsibility in terms of taxpayers' assets?

Mr. Stewart Harrington

I do not believe so.

The taxpayer was providing a list of investments, with which I will not bore Mr. Harrington. We have a list of the investments made by the taxpayer between 2000 and 2004 on developments at St. Vincent's University Hospital totalling €130 million. Did Mr. Harrington not think someone on the board should have asked about the public interest?

Mr. Stewart Harrington

Can I just fastforward, please? We then came to the next development, which was the construction of the new ward block, now known as the Nutley Wing. The HSE was in charge at this stage and when it granted approval, it sought to put a grant agreement in place. It was only then that the HSE discovered that an agreement had not been put in place in respect of the clinical services building. The HSE contacted us immediately, we sat down with them and worked out an agreement which fully protects the State's interest.

The point I am making is that there was an amalgamation of a public hospital and a private hospital under one board and the amalgamation of the roles of the CEO of the private and public hospital. At the board meetings where the public hospital was represented by virtue of the presence of the public hospital CEO, for whom the State is paying, nobody was asking about the public hospital and what would happen if something was to go wrong. Some of these developments were commercial ventures. That is what I am asking about - corporate governance.

Mr. Nicholas Jermyn

Deputy Harris has asked if we put in a protection of the State's interests. The hospital campus is one and there is an integrated model of one legal entity. We never said we were not going to sign any grant agreement. The Comptroller and Auditor General's report, if I recollect correctly, refers to a lot of facilities for which grant agreements were being made. There was no vehicle at the time. In 2009, as the Deputy may recall, the Mater Hospital was the first of the big acute hospitals to sign one of these agreements. We sat down with the HSE. It is important to emphasise, despite what the Deputy has quoted, that we signed an agreement. We are a charitable organisation, a public not-for-profit institution. We are there to serve the public. The assets are now protected for the State in perpetuity. The Deputy is correct that loans were taken out prior to 2009 but since then we have put an agreement in place. The board decided to put it in place and did not shirk its responsibility. We agree that we must protect the State's interests. We are providing public services. We have a private hospital on campus but one board runs the entire institution for a very good reason. There are huge benefits in terms of patient care to be able to provide services with one identity.

Professor Noel Whelan

Can I come in? I do not want to interrupt the Deputy but I wish to add one or two points.

I hope Professor Whelan does not mind me moving on because we are a little short of time and I have a number of other questions I wish to put to the witnesses. With the indulgence of the committee, I wish to refer quickly to the issue of consultants and their contracts, which is another example of the perceived conflict of interest. This goes back as far as 2011 when, according to an article by Susan Mitchell, the HSE at that time raised concerns about a possible mass breach of the consultant contract at St. Vincent's Hospital in Dublin. St. Vincent's confirmed that 220 patients were treated by public hospital consultants in St. Vincent's Private Hospital, a move that was likely to raise questions from stand-alone private hospitals. I have also had correspondence from consultants on this issue who are very concerned about it.

Basically, they are saying that as both hospitals - the public and private hospitals - are under the same governance, it is leading to an obvious conflict of interest. They are suggesting that type B contract holders, who are entitled to work in the public hospital to which they have been appointed only, and who should be generating income for the public hospital by treating their private patients in the public hospital, are treating their private patients in the private hospital and depriving the public hospital of the income. Can Mr. Jermyn respond to that?

Mr. Nicholas Jermyn

I must stress that we are a single legal entity. We have a private hospital and a public hospital on our campus. The governance structure of the board allows me to control and manage that. I emphasise that when St. Vincent's University Hospital opened in 1972, it had no private beds. That was the model. The private hospital opened in 1974. As a result of what happened in later years, we now have between 45 and 55 private beds in the public hospital. Since 1974, we have operated a model whereby private patients are treated when clinically appropriate in the private hospital. We actually max out. We do very well with private income in the public hospital. The difficulty is that we always used a model whereby private patients who could afford it were put into the private hospital, thereby leaving the public beds available for public patients. Our model has been operating since 1974. It might be affected in the event of the development of a system of universal health insurance. I know people will say there is a conflict, but I can say quite confidently that I see no conflict. There is a compliance issue for us under the consultants' common contract - we have to ensure consultants practice at a certain level across the private and public systems. I have full sight of what is going on in the private and public hospitals.

Does Mr. Jermyn believe the hospital is fully in compliance with the consultants' contract?

Mr. Nicholas Jermyn

I believe we are in compliance with the requirements of the consultants' common contract.

I have many more questions, but I will allow some other members of the committee to come in at this point. I will come back in if that is okay.

I will call Deputies Dowds and McDonald in that order.

I thank the chairman of the board and his team for coming in today. Deputy Harris has covered a number of issues. I will begin by going back to the question of consultants. I ask Professor Whelan to explain the composition of the board of St. Vincent's Hospital. Who is on it? How is it selected? How does it operate?

Professor Noel Whelan

The company is a private company guaranteed by shares. As I said in my opening statement, it is owned by the Religious Sisters of Charity. The board directors are appointed by the shareholders, who are the Religious Sisters of Charity. The board has a multipurpose composition. All of the board members are voluntary and unpaid. They have competence in areas like finance, property and development, audit, public service and the pharmaceutical industry, which are relevant to the business of the board. The board that has been appointed is in constant dialogue with the shareholders about the renewal or rejuvenation of the board.

Are the sisters the shareholders?

Professor Noel Whelan

The Religious Sisters of Charity are the shareholders. They have two representatives on the board. They have basically asked the group board to run the group on their behalf independently and as they see fit. If the Deputy would like me to expand on other aspects of this matter, I will be glad to do so.

How many people are on it at any given time? How long do they serve?

Professor Noel Whelan

That brings up the question of renewal. It has approximately 15 members. I may have to be corrected in that regard. I will count them later. There are two types of members - non-executive and executive. Like Mr. Harrington, Mr. Menton and Mr. Lynch, I am a non-executive director. The executive directors are the chairman and two clinicians - the chairman of our medical board and another clinician who helps to link between ourselves and the private hospital. That is the composition structure. I have mentioned the two shareholders.

Are there any representatives of the different areas of professional staff interest, or of patients?

Professor Noel Whelan

Each of us has a focus on patients through the committee system. I refer to committees like the clinical effectiveness committee and the risk committee for quality and medical care. In addition, representatives of nurses and management attend each of our board meetings. We also focus on patient care and delivery. This is an ongoing issue at our board meetings. One of the committees - the clinical governance committee - is specifically mandated to keep before it the idea of patient care and safety.

Professor Whelan suggested in his opening remarks that he feels there is a need for change in certain areas. Has the board considered that in this day and age, it would be appropriate to have a board that is elected by all the different interests in the hospital? I would like to recognise at this point, as Deputy Harris did at the beginning, the extremely important and valuable work that is done by Professor Whelan and his staff. It is very important for that to be acknowledged in these circumstances.

Professor Noel Whelan

The Deputy's question about patient representation, etc., would be a matter for the shareholders in the first instance. In our case, we would most definitely wish not to sell short the interests of patients and individual groups. We are in constant dialogue with the sub-interest groups in the hospital.

Would it be fair for me to say that the board is not a democratic body, in a sense, and that it is self-selecting through the Sisters of Charity to a fair degree?

Mr. James Menton

I would like to offer an observation in response to that. I will repeat the point that it is a privately-owned company. The shareholders control the board. The nominations process-----

Even though it is a privately-owned company, it benefits from substantial State investment.

Mr. James Menton

I appreciate that. That is absolutely understood and respected. One of the suggestions made by my colleague in his opening statement related to a public interest committee. I think that is a vehicle for addressing some of the observations that have been made by the Deputy with regard to broader representation of interest groups. At the end of the day, we are involved in the provision of health care services. We have a very complex and constructive conversation and contract with the HSE. In return for the grant moneys we receive from the taxpayer, we provide substantial health care services to citizens.

Absolutely. Can I suggest that the full democratic option be pursued as change is being considered? I do not doubt that all sectors of staff would be able to contribute to the running of the hospital. I would like to ask some specific questions. Can Mr. Mention give the committee some details of the source of the finances of Pianora Limited, which is a subsidiary company? Can he comment on what it does and how it relates to St. Vincent's Hospital?

Mr. James Menton

I will make an effort to respond to that query. Pianora is a wholly-owned subsidiary of the group. It was established - before my appointment, but that is neither here nor there - as a special purpose vehicle to construct the car park on the site of the public hospital. I gather that the car park was constructed in 2001 in accordance with the Department of Health's policy guidelines, or policy generally. It wanted to ring-fence the construction of car parks from the development of other medical facilities. The car park was financed by a term loan of over €20 million from Ulster Bank and by grant aid of approximately €4 million from the Department of Health. It is under the management and control of the unified board. Obviously, it pays its expenses from the receipts that come from people using the car park, which is managed on an outsourced basis by a firm called Q-Park. The receipts that come to us are used to discharge the operating expenses, the interest on the loan and the repayment of the principal.

I understand the hospital has a private car park and a public car park. Is that correct?

Mr. James Menton

The private hospital has its own private car park. I am referring to the surface car park that is visible from the road near Elm Park.

Is there a public car park as well? If so, is it tied in with Pianora as well?

Mr. James Menton

Perhaps Mr. Jermyn might comment at this point.

Mr. Nicholas Jermyn

I will explain. As my colleague has said, the Pianora company was set up to build the car park in the university hospital. There is a separate car park in the private hospital.

We borrowed money when we built the private hospital. Income from the car park is used in the private hospital. They are separate. Deputies may not be aware of the campus. It is very much separated, as are the accounts in banks. The physical building of the private hospital and its private car park are separated. On the public campus element, we have car parks directly used for public patients and visitors.

Mr. James Menton

The assets of the public car park are in the subsidiary to which the Deputy referred.

Money generated from both car parks goes into Pianora. Is that correct?

Mr. James Menton

No, only the public car park.

What level of income does the public car park produce?

Mr. James Menton

I will hazard a guess rather than give an exact figure, but it is of the order of €2 million.

Is that per annum?

Mr. James Menton

Yes.

For what purpose is the money used?

Mr. James Menton

It is used to pay operating expenses, interest on the loan to Ulster Bank and, in due course, the capital repayments.

The capital still has to be paid off.

Mr. James Menton

It is being paid off over a period of time.

Is Pianora involved in anything else?

Mr. James Menton

No.

To return to the issue of consultant contracts, I understand there are two types of contracts, A and B. Will Mr. Jermyn explain the difference between them?

Mr. Nicholas Jermyn

There are a number of types of contracts. Not to be difficult but under the old consultant contract one had category I and category II. Category II is still around, as are some category I contracts. A new consultant contract was brought in, with category A, category B and category B* types. What I can say is I think category A is a fully public consultant who does not engage in private practice and practises in a public hospital. Category B consultants practise in a public hospital or where there is a private hospital on the campus or a co-located hospital or where the employer is the same, a category B consultant practises and is allowed to do private practice on the campus, in the private beds in the public hospital. In our case, category B consultants also practise in the private hospital, which is on our campus and they are under our employment.

Is that how Mr. O'Brien understands these contracts should operate?

Mr. Barry O'Brien

Category A is a public consultant only who does nothing but public practice in a public hospital. Category B is for consultants in that category who can have private practice in a public hospital only. An existing category B consultant on transfer to the new contract had a maximum of 70% public practice and 30% private practice. For a category B consultant who has been appointed since 2008, when the contract came in, the ratio was 80:20. That is my understanding of the consultant contract.

Is Mr. O'Brien satisfied, from his knowledge, that the system is operating correctly in St. Vincent's Hospital?

Mr. Barry O'Brien

First, we do not have co-located hospitals. That was an aspiration of the previous Government but nothing was agreed. Mr. Jermyn stated that the hospital is not co-located. Quite clearly, therefore, a B* contract refers to a consultant who has rights to practise both in the public hospital and privately off site. There are very clearly defined definitions of what limits apply to private practice. That is how it should operate, without exception, right across the public health system.

Category A consultants are entirely public consultants. Do they operate exclusively in the public hospital?

Mr. Nicholas Jermyn

Yes. As Mr. O'Brien said, we are responsible for monitoring category B consultants. The advantage I wanted to stress is that in our private hospital we are not there to make profits and pay out dividends. We are a charitable organisation under the umbrella of St. Vincent's Healthcare Group Limited. I am in a position to monitor those consultants and their level of private practice on our campus. We have had this model working on our campus since 1974. As I said, the definition of a category A consultant is that they can only do public practice and have no private patients whatsoever.

What proportion of the hospital's consultants are category A consultants?

Mr. Nicholas Jermyn

Like most of the major hospitals, we have very few category A consultants. That category generally appears in what is called the mental health and disability service. We have, I think, fewer than ten category A consultants. As in many of the major hospitals, most consultants are category B or B* or the old type consultant category II. In our hospital approximately 35% of our consultants would have the new category B contract. We have more than 200 consultants on our site and around ten consultants have category A contracts.

Category A consultants account for ten out of approximately 300 consultants.

Mr. Nicholas Jermyn

No, the figure is ten out of 200 consultants on the campus. I stress that when one looks at other hospitals, not many consultants in the major acute hospitals in Dublin have purely category A contracts.

Approximately one in 20 consultants is on a category A contract and the rest are-----

Mr. Nicholas Jermyn

The rest are category B or category II, which is the old contract and the new contract.

I have a question about the former chief executive officer of St. Vincent's Private Hospital, Mr. Michael Redmond. I understand Mr. Redmond departed from that position in July 2013. Did he receive a lump sum on departure? I understand also that he subsequently took a consultancy job in the public hospital. Is that correct?

Mr. Nicholas Jermyn

The Deputy is right. As I said, Mr. Redmond retired from the private hospital, which is a privately-owned part of the hospital. He was paid purely with private income from the hospital. He has retired and, as I said, he has not worked with us. He has had a break in employment and is, I believe, looking for work and on the market to look for work at this point in time. There may be a situation whereby we might use some of his skills but he is no longer CEO of the private hospital. We are restructuring the organisation. In fairness, I should stress that we have a group chief executive and, in light of discussions the board is having with the HSE, we have replaced Mr. Redmond with a chief operating officer in the private hospital who reports directly to me, as Mr. Redmond reported directly to me at the time. It would not be fair for me to comment on his personal arrangements. I do not know them all. As I said, the Deputy is obviously very well informed. I am not too sure what he is doing.

Mr. Jermyn is not in a position to comment on salary.

Mr. Nicholas Jermyn

I am not. He has retired from our hospital.

I am still a little unclear about this. Is Mr. Redmond doing consultancy work in the public hospital at this stage?

Mr. Nicholas Jermyn

At this point in time, he is not doing consultancy work in the public hospital. I will be honest; we may use his skill sets into the future as a private limited company but he is retired from the private hospital.

I know the Chairman would like me to conclude. May I speak again if I wish?

Yes. I call Deputy McDonald.

This sounds to me like a perfect pen picture of how dysfunctional the health service is. Many people listening in will pause for reflection when they hear that ten of the hospital's complement of 200 consultants are solely dedicated to public medicine. I am setting the scene for my questioning. In applauding and acknowledging the work done by the medics and medical staff of the hospital, this is no way to organise our health services.

I ask Mr. O'Brien to remind the committee for how long he sought from the gentlemen before us information in respect of top-up payments.

Dr. Geraldine Smith

I will answer that.

Before Dr. Smith answers, I ask all those present to check their mobile telephones again because they are causing interference.

Dr. Geraldine Smith

As members know, according to the internal audit report, the HSE was engaged in a process between February 2011 and May 2012 - this was a human resources function - in writing to the various section 38 agencies.

Between those dates, HR in the HSE wrote on five occasions. On the first occasion the question was to ask if they were in compliance with remuneration and if remuneration greater than the approved level was being paid. St. Vincent's confirmed that it complied with the salary scales approved by the Department of Health and the Minister for Health. Fast forwarding up to the audit, when I wrote to St. Vincent's, among others, on 3 July 2012, it confirmed the information it had provided to HR. It stated that there were three managers who were paid by the company for work carried out over and above their public service contract which was funded from private company resources, not from HSE or foundation income. It stated that "as public funds are not involved it is not appropriate to give further details of payments made." I wrote again in December 2012 and again in January 2013 it confirmed the same thing, stating that as these three individuals are paid for work over and above their public service contract, it was not appropriate to disclose that information.

That remained their position until the eve of Christmas eve.

Dr. Geraldine Smith

Yes.

Turning to Professor Whelan, I am sure everybody welcomes and shares his commentary in respect of the public interest. Can I put to him that in real terms his hand was forced, that he resisted, and that was evident even from correspondence from his colleague, Mr. Nicky Jermyn. We saw dispatches from him at one of our last committee meetings before Christmas and that he was unwilling and, dare I say, very unhelpful and, in fact, almost dismissive of the HSE as it went about its work in establishing legitimately whether his organisation was fully respecting and compliant with public policy and, if not, the extent of that lack of compliance.

May I put it to him, as a group of reasonable people who run a very fine organisation, though bizarrely structured - which is not his fault but rather Government policy in the health service - that was an unacceptable approach for him to take with the public authorities and the Oireachtas.

Professor Noel Whelan

I thank the Deputy. I do not think it was unacceptable and I will give the context for it. We had legal opinion many years ago to suggest that nothing untoward was taking place. That was before the Financial Emergency Measures in the Public Interest legislation. We then got further legal opinion as to whether in the next context we were legal in every respect. Our legal opinion said we had nothing to answer for because what was happening was that public moneys were not being used in any respect. Moneys from the private source are being used for private purposes. We had this legal advice and the controversy-----

Who gave this legal advice?

Professor Noel Whelan

I will come to that in a moment, if I may. I will not forget it. We got legal advice from two prominent legal firms in Dublin

Would Professor Whelan care to name them?

Professor Noel Whelan

First, away back, but I do not think this is relevant to the current situation, we got advice from Arthur Cox and Company and, latterly, post the financial emergency legislation, we got advice from Mangan O'Beirne Solicitors. After that advice stated we had nothing to answer for in the context of the public controversy which was taking place with the moneys, we decided to get senior counsel advice just to be sure. On foot of all that advice, as the controversy developed, we said we would put the legal advice aside. We were not forced into anything only we were slow to respond. We had the legal advice and we said honestly and openly to the HSE that we believe we are compliant because the issues involved in our side are not relevant to the circular. Let me just say, because it is relevant to the Deputy's question, this is senior counsel opinion.

Who was the senior counsel?

Professor Noel Whelan

I think that is privileged. We will have to discuss that issue.

The witness is privileged to be here so let us have-----

If the witness is going to cite the advice it is as well to name the author of the advice.

Professor Noel Whelan

The senior counsel advice we got was from Mr. Michael McDowell who, as the committee will be aware, was a politician. I will read out two or three parts of the conclusions.

Professor Noel Whelan

First, payments made bona fides to such executives in respect of such duties and services are not remuneration within the meaning of the FEMPI legislation 2009. Second, payments made bona fides to such executives in respect of such duties and services are not in breach of the one-person-one-salary principle relating to public sector pay which principle is confined to activities within the broad public service. Third, such payments are not unlawful top-ups and are not financed by charitable donations. Fourth, in the operation of St. Vincent's University Hospital and St. Michael's Hospital, the board of SVHGL, that is, St. Vincent's, is fully compliant with statutory and contractual requirements relating to health care sector pay policy. Finally, payments in respect of services and duties relating to St. Vincent's Private Hospital are not in breach of the public service one-person-one-salary principle.

We had this type of advice. As the controversy developed our board met in continuous sessions saying let us, in the public interest, put all this aside and unilaterally disclose the information and, at the same time, say we believe we are compliant. On the issue of compliance between us and the HSE, we like to ask if it is in the same ballpark as achieving the end results that I mentioned in my statement.

Can I ask Professor Whelan, because the Chairman will only have so much patience in terms of his time allocation to me, to remind the committee of the level of funding, as a section 38 organisation, which his hospital is in receipt of on an annual basis, or perhaps Mr. James Menton can provide that figure?

Professor Noel Whelan

Mr. James Menton will give that information.

Mr. James Menton

For 2013 the allocation was in the order of €195 million-----

Some €195 million.

Mr. James Menton

-----for the university hospital and approximately €25 million for St. Michael's Hospital in Dún-Laoghaire.

Some €220. I thank Mr. Menton. That is very helpful. I think Professor Whelan will acknowledge, not withstanding the sterling service he provides to patients, that €220 million of public funding is, by any stretch, a very significant level of funding. He will be aware also that the FEMPI legislation dates to 2008 and that there is an expectation at all times, but particularly in difficult times, that bodies and organisations in receipt of State funding respect the rules and regulations that come with that. I am sure Professor Whelan will agree with me on that and in that spirit I find the learned advice of Mr. McDowell, senior counsel, notwithstanding. I am really struggling to get to grips with what appears to be his position to this moment that topping up salaries was not blatantly disregarding the rules and regulations stated repeatedly by way of circular from the HSE and made explicitly clear to him, and that he still does not accept that was in breach of the rules and regulations, the basis upon which €220 million of taxpayers' moneys were channelled to his hospitals.

Professor Noel Whelan

No. The issue here is that the legal advice was such that we were compliant-----

We have heard that doctors differ and patients die. If doctors differ I can assure Professor Whelan that lawyers do.

Professor Noel Whelan

We are deeply conscious and, indeed, thankful for the public funds that come to the hospital group. Public funds are given to us by a service level agreement which is worked out in conjunction with us.

Professor Noel Whelan

I can guarantee that the service level agreement and the funds we get from it are managed and developed cost effectively and efficiently within the hospital and there is absolutely no recalcitrance on our part to say that is a vital public issue and a matter of vital public interest that we honour the SLA arrangements.

Thank you. To help the situation, I invite Mr. O'Brien to state yet again for the record, and for the benefit of Professor Whelan and his colleagues, the HSE position in respect of the topping-up of these salaries. Will he state the position clearly and succinctly?

Mr. Barry O'Brien

What I want to stress here is that being compliant is not the requirement of the HSE. It is the requirement of the Government that St. Vincent's Healthcare Group be compliant. It is the Government that determines pay policy. It is the function of the HSE, under its statutory obligations, to ensure full compliance with Government pay policy, and that is what we have been in pursuit of.

For the purpose of clarity, please state that Government policy.

Mr. Barry O'Brien

Under public service pay policy:

The Department of Health Consolidated Salary Scales (1 July 2013), as sanctioned by the Minister for Health, sets out current salaries for public health service staff. These salary scales must be strictly adhered to and in no circumstances should an employee receive remuneration in the nature of pay and allowances of any amount greater than the amount prescribed.

Does Professor Whelan accept that that is a fairly clear-cut statement on public pay?

Professor Noel Whelan

As far as we are concerned, the situation is as follows. We have been in negotiation and discussion with the HSE. We have agreed, as I said in my opening statement, to move on from the past.

I will come to that. Professor Whelan spoke of the public interest, but let us now consider public confidence. It is important that somebody such as the Professor state categorically at a meeting such as this that he understands absolutely the necessity to observe Government policy in respect of public service. He may not like it and those involved may not like it, but that is a separate issue. They should state that they recognise this policy and fall strictly within it.

The experience to date, and the reason they are here, is that they were not in compliance. St. Vincent's Healthcare Group is still not fully in compliance. Not only that; the group has been resisting giving information. It seems to me it was forced by the public discourse into a position in which it had to come clean with the information. The group is now here and is in discussion and dialogue. That is excellent. It has some proposals, and we will have a word on those in a few moments. None the less, it is worrying that the group still holds a position that there was no issue, or that it had the law on its side.

Professor Noel Whelan

No. We did say that up until we reviewed the whole legal situation, we genuinely held the view that the legal situation told us we were compliant. We then moved on from that-----

Did the group review the legal situation? Did it get advice from someone else or is that still its current view?

Professor Noel Whelan

No; we have the legal advice. As far as we are concerned, the current situation is that we have said, in the public interest, that we firmly and honestly in the past believed we were compliant, but now we need to move towards compliance with the HSE. We need to get the HSE to agree we are compliant. Let me just say-----

No; hold on a second. The professor has said St. Vincent's Healthcare Group needs to get the HSE to agree it is compliant. The HSE does not accept it is compliant. The professor is really sticking in his heels here.

Professor Noel Whelan

No, no, no.

Can the group not simply say that it has not been compliant? Can it not just say that it recognises it has not been compliant-----

Professor Noel Whelan

Yes.

-----and that it wishes to be compliant?

Professor Noel Whelan

No. We are going to swing around into compliance. Mr. Menton will explain that to the committee.

Be reasonable about this. It is very clear to all of us that the group has not been compliant. It is also clear, from what Professor Whelan is saying - and we welcome hearing it - that the group wishes to be compliant. I want Professor Whelan to accept now that the group was not in compliance with Government policy. It has made the information available now, and we will agree to differ on the group's motives if that makes it more comfortable for the witnesses. However, I ask the professor to accept that the group is still not fully compliant, but is going to move into full compliance.

Professor Noel Whelan

I can see the position of the Deputy on this. I will call on Mr. Menton to provide the technical details. We wish to be compliant with Government policy and we are moving as fast as we can to be so compliant.

Therefore, the group was not compliant in the first instance.

Professor Noel Whelan

No. The legal opinion was that we were compliant.

Professor Whelan should complete his response. Does that mean "No, the group was not compliant," or "No, I disagree with the Deputy"?

Professor Noel Whelan

Technically we were compliant, but in the public interest we would say we wish to go to compliance now. Mr. Menton might have the proper-----

Professor Whelan is nearly qualified to be a Member of this House with those answers.

Professor Noel Whelan

As far as I am concerned, yes, we would wish to move to compliance.

Mr. James Menton

Hopefully, what I say will be helpful in terms of having a better meeting of minds. There is one very important issue that should not be lost sight of here, which is that the individual to my left is an employee of St. Vincent's Healthcare Group and he has contractual rights under his employment contract with us. His employment contract covers his role as the group chief executive and this is a dimension which is central to the difficulty we seem to be having between us here as to what is appropriate and what is not appropriate and the issue of compliance or non-compliance. We have not asked him to waive his natural rights, and natural justice would play a part in the board's deliberations around whether we would or-----

I do not wish to totally exasperate everyone with this line of questioning, but every public and civil servant who had to come into line with the financial emergency measures in the public interest, FEMPI, legislation also had a contractual relationship with his or her employer and legitimate expectations in terms of his or her pay and conditions and so on and so forth. There was no wiggle room for them to get out of that. With all due respect, some of them were earning only a fraction of what Mr. Jermyn takes home. As an entity that is in receipt of State funding, I suggest that for future reference - if the configuration continues as it is - the group should be alert at all times when signing into contractual relationships with anybody that so long as the group is in receipt of public funds, it is absolutely obligated to comply with public pay policy. That should be factored into the process at every stage. It should have been front and centre whenever people were appointed. I understand Mr. Jermyn has been employed for some time.

I would like to move on now to one of the group's proposals. One of the proposals to fall into compliance, as it was put by Professor Whelan-----

To swing around.

-----or to swing around, is that the roles of group CEO and CEO of St. Vincent's University Hospital will not be occupied by the same manager. I want to tease this out a little. Am I correct in thinking that this will mean, in practical terms, that there will be a stand-alone CEO for the public hospital, which is what the HSE expected all along? Will that be done? Am I correct that this CEO will be accountable to and governed by the group CEO? Is that how this will work in terms of management?

Professor Noel Whelan

Yes. They will be separate managers.

I accept that. How does that sit as a concept with the HSE? Does it not continue to cause a difficulty for the following reasons? In that scenario, the roles would be separated and this would mean the group CEO could continue on his current salary. However, would it not also mean we would have a publicly funded entity with its top management answerable to A. N. Other structure that is privately funded, financed and salaried and that manages, albeit on the same campus, private entities? Is there not a problem with that? I would like the HSE's view on that, but also that of Professor Whelan.

I understand these matters are being discussed and have not been signed off on.

Mr. Barry O'Brien

The most important thing for a hospital to receive public funding is that it signs off on the service level arrangement for the entire year. The arrangement sets out the quantum of work and the total funding to be allocated to that body. Clearly, that is the overarching agreement which sets out the matter. The HSE has a direct input into that. The HSE has a nominated person who is the overseer. In a sense what we are saying is that we would continue to have exactly the same relationship with St. Vincent's University Hospital as we have with any other hospital in receipt of public funds. There would be an appointed chief executive and a relationship. I have no wish to paraphrase Professor Whelan, but I gather what he said was that to safeguard the public interest, the hospital would put in place a public interest committee as part of the board which would ensure that full recognition was given to that public interest for St. Vincent's University Hospital and the service level arrangement it is proposed to have with the HSE.

So you do not envisage a difficulty with the chief executive of a publicly-funded hospital being answerable outside of the HSE framework to a group chief executive. Is that the case?

Mr. Barry O'Brien

It is on the basis that we can reach agreement with the St. Vincent's group on the mechanics and on how that responsibility and governance will operate. The real issue for us is that we have a situation whereby we are not contributing in any way with public funds to the group chief executive salary. That is the real essence of why we are here in the first place and what is happening. We are saying we will certainly continue to fund a hospital chief executive at the approved salary scale with all the terms and conditions. However, the funding of the group chief executive is a matter for the St. Vincent's group. The matter of governance and accountability for the public hospital would have to be absolutely copper-fastened in the service level agreement as well as ensuring that the public interest is fully safeguarded as part of the governance arrangement with the board.

How far away is Professor Whelan from reaching agreement with the HSE to bring the hospital into compliance?

Professor Noel Whelan

I hope it will be quickly indeed. We have pencilled in, hopefully, 31 March 2014 with the HSE to settle everything and to have everything clear. I will outline the issue on the part of those of us on the St. Vincent's side of the fence. The HSE said to us on 5 November, legitimately - we agree with it fully - that to avoid any confusion at that stage it was important that the hospital group understood that the HSE was not instructing the group to breach any individual contracts of employment. It would be great if we could press a magic button and say that it is settled, but individuals have rights in this democratic society and we are moving towards that. Deputy McDonald asked me for a timeline. I dearly hope - we all hope - that we will aim for 31 March 2014.

Mr. Barry O'Brien

I wrote that letter. It was written in the context of seeking a declaration. What I said was that the group could tell me the information relating to what the group was paying without breaching the contractual arrangements that the group had, and I asked whether the group could please inform me of that. There is another sentence attached to that letter which is of great significance. It was not to say that the group may not have further decisions. The letter said that when the group declares what it has, then, depending on that information, there may be further issues, in respect of which we will consult with the group and the Department of Health on actions that the group may have to take. It is important to have that in context.

I thank Mr. O'Brien. I take it that was not selective quoting.

Professor Noel Whelan

No. As far as we are concerned the issue remains for us a matter of law, as Mr. O'Brien stated. He was quite correct in drawing to our attention - we knew it anyway - that we must not breach individual contracts of employment. That is the bottom line. We must not do so. As far as we are concerned, we are trying to reach compliance, as seen by the HSE, as fast as possible while preserving - or at least acknowledging in a legal sense - the individual contracts of employment.

I have a final point for Professor Whelan, and Mr. Jermyn may have something to say on this as well. It obviously became apparent to the group that there were compliance issues and that the group was not in compliance in respect of a small number of employees. Did you approach them, either individually or collectively, at any stage and put it to them that this was an issue or a difficulty? Did you ask them to consider forgoing that portion of their salary which was a top-up, or, if not you, then someone on behalf of the board or from senior management?

Professor Noel Whelan

The board, and I in particular, spoke to the individuals - the three people involved. We discussed in absolute detail the question of moving from where we are to where we hope to be. Yes, we had close interactive ongoing dialogue with them and we still have. Mr. Jermyn can talk about the nature of it with the other two. I am in constant contact with Mr. Jermyn.

Did you ask Mr. Jermyn and the others to forgo the top-up in their salary?

Professor Noel Whelan

We have indicated to them that we wish to go ahead with the compliance, as specified by the HSE. As far as they are concerned, they are in discussions with us on how that can be accomplished.

Did you ask them to forgo the top-up portion of their salary?

Professor Noel Whelan

As far as we are concerned, that will be done.

No, but did you ask them? I am just asking you to tell me the answer. Did you say "Nicholas," - or "Nicky," or however you address him, "could you set aside that portion of money?"

Professor Noel Whelan

As far as I am concerned, yes, we did.

You did have that conversation. Does Mr. Jermyn wish to comment on that?

Mr. Nicholas Jermyn

It is important to recognise that the three individuals involved are fully aware of the situation. We have agreed to co-operate fully with the board in the best interests of the public. It is a complex issue. It has been traumatic for the staff and for everyone to have this public debate. We would have much preferred not to. However, it is right to get it out in the open and deal with these issues. It is important that we say this: we were paid for work we were asked to do, and it was benchmarked. We recognise the difficulties now with the situation and we are going to co-operate fully with our board in the best interests. However there are legal and complex issues relating to disentangling situations. I say sincerely - I know I can speak for my colleagues as well - that we really want to bring this to a closure, which will allow the great organisation that is St. Vincent's Healthcare Group to continue in such a way that it can look after patients and such that people can have confidence, including committee members who represent their constituents. I hope sincerely that we will reach agreement. However, Deputy McDonald will understand that there are issues.

I understand that, and you expressed it very sincerely, but when Professor Whelan asked you to set aside the top-up portion of your salary, what did you say back to him? Did you say "No"? Did you say you would consider it?

Mr. Nicholas Jermyn

This is a matter for the board. I am in discussion with the board. As I said, all three people are discussing the matter with the board.

I am aware of that. I am not gainsaying that, but I am trying to establish the position. The professor has told me that he spoke to you and that he interacts with you regularly, that he addressed the issue of the top-up portion and asked you to forego it. I simply want to know how you responded to that request.

Mr. Nicholas Jermyn

The board is in discussion with me. There has been a proposal put to the HSE and we are in discussion to the effect that I would consider it. We have to separate the two roles. The HSE is assessing it and, as group chief executive, I am going to work with the executive. The proposition is that I would continue as group chief executive and receive no remuneration whatsoever from the public purse. We are having those discussions with the HSE.

I understand that. You have stated that, but-----

Mr. Nicholas Jermyn

I am saying that technically, following the conclusion of the discussions, there will be no public remuneration. The board has indicated that I will be working as group chief executive and that I will not be receiving any more public money.

You have stated that, and that is your route from non-compliance towards compliance. But I ask you to answer the question, if you will. The professor has told me just now - you heard him - that he approached you and you had a conversation around the top-up portion. He just told me that he asked you to set aside your top-up. What did you say? Did you say "No"?

Mr. Nicholas Jermyn

I want to make it clear. First, I am paid a total salary for work done which has been benchmarked and appropriately approved. The situation is that I have been asked to co-operate and work with the organisation. I said I will do so and that I will not be receiving a public sector money salary in future. That is what I am discussing.

Mr. Jermyn, I will put it this way to you.

The meeting has been in progress for some time and I have listened carefully to Professor Whelan but in my view we are being taken on a merry dance, to be frank. The interaction with Deputy McDonald is similar to the interaction with this committee prior to Christmas when Mr. Jermyn refused to come before us. He had to be talked into coming here. We were told that the top-up of his salary was because of extra work done. It has now been decided to employ a chief executive officer for the public side of the hospital and that chief executive officer post will be compliant with the HSE arrangement. I ask Mr. Jermyn to correct me if I am mistaken. Because Mr. Jermyn is no longer working in the public end, can the committee presume that his arrangement with the board amounting to €300,000 will be reduced by the amount of the top-up of €136,000?

Mr. Nicholas Jermyn

We were invited here today. The Chairman spoke with me following the meeting of the committee and we agreed to come here today. I do not remember that we refused to come. I am not quite sure when we refused. If the Chairman remembers, he had a discussion with me following-----

I remember clearly. It is now sorted and Mr. Jermyn is here. I ask him to say whether he will give up the €136,000.

Mr. Nicholas Jermyn

I have said I will not be getting a salary from the public sector-----

I am asking Mr. Jermyn a different question. I am asking him to stop talking in circles. A CEO for the public side of the hospital is being employed. Mr. Jermyn is getting a top-up of the equivalent of his salary - €136,000 - for extra work done. It is reasonable to ask that because that work will be going elsewhere to another CEO, will this mean that the top-up will now not be given to Mr. Jermyn or is he holding to the contractual arrangements? It is as simple as that.

Mr. Nicholas Jermyn

I have indicated I will no longer be receiving-----

I did not ask that question. I asked Mr. Jermyn about the top-up. I understand that his answer to me is that he will no longer be receiving public money.

Mr. Nicholas Jermyn

That is correct.

I am asking whether he plans to continue to receive €300,000. If that is the case - he has mentioned benchmarking - can he tell us what is the benchmark? The director general of the HSE is on €190,000; the Taoiseach earns €200,000. What is the benchmark used by Mr. Jermyn?

Mr. Nicholas Jermyn

This is a matter for the board. I have said I will not be getting a public sector salary. The salary I will be paid as group chief executive is a matter to be discussed and decided by the board. I will be chief executive of St. Vincent's Healthcare Group and I will be receiving no public money as part of my salary. That is my understanding. With respect, I have answered the Chairman's question and I fully understand the question. The board will decide my remuneration as chief executive of the private limited company.

I do not think this will be helpful in Mr. Jermyn's discussions with the HSE if he continues to go down that road. Does St. Vincent's Private Hospital make an annual profit?

Professor Noel Whelan

Mr. Menton will answer that question.

Mr. James Menton

Subject to the fact that it is reasonably commercial sensitive information, the hospital opened for its first full year in 2011. It is performing satisfactorily, given the current environment. It has satisfactorily increased its earnings before interest and depreciation each year. The projections for the next three years continue an upward trend in that regard.

Is it profitable?

Mr. James Menton

It is profitable in terms of its earnings before interest and depreciation. The university hospital broadly broke even within its remit and budget in 2011 and 2012.

It recorded a 20% increase in pre-tax losses in 2012, €10.86 million.

Mr. James Menton

Yes. I do not think that is inconsistent with what I have said. As the annual accounts show, those losses come after substantial depreciation charges and interest charges.

This is an organisation considering to employ Mr. Jermyn at a continued salary rate of €300,000.

Mr. James Menton

In my view, that is a matter for further discussion between the board and Mr. Jermyn.

That is the salary he is receiving.

Mr. James Menton

Yes, that is correct.

Does Mr. Jermyn continue to receive that salary?

Mr. Nicholas Jermyn

Yes, I do, at this point in time.

Therefore, it is reasonable to assume that he will hold that position on the basis of his contract and that it will be an issue between the HSE and the board.

My problem is to know how Mr. Jermyn's private work and public work are costed and if both are kept separate. Is there confusion in the handling of patients between the public and private hospitals? Are patients referred to the private hospital for income? All such questions need to be answered.

I have received a number of letters written to me as Chairman of the committee and written on headed notepaper from St. Vincent's University Hospital. These are unsigned letters but in my opinion they make serious charges about the hospital and the top-ups. While they are not signed letters they are written on headed notepaper. It is a concern that this is the case. Two of the letters state clearly that there is no effective protection for whistleblowers and therefore the writers have not signed the letters. They express concern about the management, the care of patients, the reduced level of staffing on wards, nurses being distressed and crying while working. The letters refer to the closure of Loughlinstown hospital and no planning in place to prepare for a potential increase in the numbers attending the accident and emergency department. One of the letters states that the hospital is in chaos and the drug error is at an all-time high.

If this is all happening on the front line, then I must ask about the money being paid to the managers of that front line. They seem to be under pressure. They are concerned and they are writing anonymously but using hospital headed notepaper. I am trying to balance that with the type of management in place and the type of proposal that is envisaged for the public hospital. I am not convinced by the presentation to the committee because Deputy McDonald in particular has had to extract the information, even down to the issue of compliance. That is how the exchanges stand.

I have a question for Mr. O'Brien. I refer to the expression used by a witness that they are in the same ball park. Will all these issues be resolved by March as a result of everyone being in the same ball park? Is Mr. O'Brien confident of bringing this matter to a conclusion, considering what has been said here today? Is that an unfair question because discussions are under way?

What are the outstanding issues as Mr. O'Brien sees them?

Mr. Barry O'Brien

I will address the questions. So far as the HSE is concerned, the key challenge is that there is full compliance with public pay policy. That requires St. Vincent's to make a number of key decisions and to take a number of key actions.

Ultimately, however, what the Health Service Executive wants to see is that all public servants under its remit would be in full compliance with public pay policy. We have set that out clearly in terms of the choices that are there. The situation in regard to Mr. Jermyn is one challenge, but we have asked St. Vincent's to cease the additional payments immediately in respect of the other two staff members. In regard to Mr. Jermyn, the options, as the HSE sees it, are that he reverts to being the CEO of the public hospital only or he becomes CEO of the St. Vincent's Healthcare Group, thereby removing any liability from the public purse to fund such a post. In either event, we require a decision to be implemented at the earliest possible date, in accordance with our requirements of all other section 38 agencies. We have met on two occasions and have clearly set out our position. We reiterated that position formally in writing yesterday, and it remains the position today.

Has Mr. O'Brien seen the legal advice that was given to St. Vincent's? Has the group shared that information with the HSE?

Mr. Barry O'Brien

The management indicated some of the key points.

Did it share the actual advice?

Dr. Geraldine Smith

No, because it claimed privilege under legal advice.

Would Professor Whelan be willing to give the HSE a copy of that legal advice to clarify the position? A simple "Yes" or "No" will suffice.

Professor Noel Whelan

Yes. At one of the meetings that took place I provided a page outlining the genesis of the advice. We have no problem at all with sharing the advice we received.

Professor Whelan is saying he will give the legal advice to Mr. O'Brien?

Professor Noel Whelan

The appropriate legal advice, yes.

I hope he is referring to all of it, not just a short synopsis.

Does Mr. O'Brien have the names and positions of the other members of staff who were in receipt of top-ups?

Mr. Barry O'Brien

As we understand it, of the seven members of staff, St. Vincent's was taking direct action to bring three of them into full compliance. The issues that were outstanding related to the CEO, the director of nursing and the director of finance-company secretary. We have clearly stated our request that the additional payments cease in the case of the director of finance-company secretary and the director of nursing with immediate effect.

Has that happened?

Mr. Barry O'Brien

To clarify, we have a responsibility in terms of compliance. As difficult as it is for me to say so, I cannot interfere in the business of St. Vincent's. The obligation lies with St. Vincent's to take the decisions and actions that will ensure its public servants are compliant.

I accept that. My question is whether St. Vincent's has complied with that requirement.

Mr. Barry O'Brien

It has expressed a very strong desire to comply with it at the earliest possible time, with an indication that it can be achieved by 31 March.

That is what Mr. O'Brien has been told?

Mr. Barry O'Brien

Yes.

I thank the witnesses for attending the meeting. Let us get down to the bread and butter. Will Mr. O'Brien outline the sticking points in regard to St. Vincent's? It strikes me as somewhat peculiar that Mr. Jermyn might become group CEO but will still be dealing with the public hospital. In other words, his work will not relate exclusively to the private hospital. What is the highest salary for a CEO which the HSE regards as being in compliance?

Mr. Barry O'Brien

It would be €136,282 for a level one CEO.

If it transpires that Mr. Jermyn becomes group CEO, is it not the case that he will, in effect, be both group CEO and CEO separately of the private hospital and will, therefore, have a CEO of the public hospital reporting to him? If his overall income is in excess of €136,282, will the HSE regard St. Vincent's as being in breach of public pay guidelines?

Mr. Barry O'Brien

I will not have any say in the pay of Mr. Jermyn if he is an employee of the St. Vincent's Healthcare Group and there is no contribution to his salary coming out of public funds. In that situation, public pay policy will not apply to the specific post. That is the proposal before us.

Will that be the case even if a CEO in the public hospital is reporting to him?

Mr. Barry O'Brien

The public hospital will have its own CEO at the correct pay rate. As I said earlier, we will take the necessary steps under our service level arrangement. St. Vincent's has said it will take the necessary steps to appoint a public interest sub-committee of its board to ensure everything is appropriately managed. There is no question, therefore, that the public interest, and the €195 million in public moneys, will not be properly safeguarded and reported.

Will Professor Whelan confirm whether I am correct in saying that St. Vincent's could potentially be taking on an additional cost in respect of CEO salary over and above what it is paying at this time in order to satisfy the requirements of the HSE? Will it advertise for the post of CEO of the public hospital?

Professor Noel Whelan

Discussions are ongoing as to the way forward in that regard. We are always open to public competitions and any appointments we have made, including in the case of the chief operating officer, for example, have been done by way of public competition. I expect to see that continuing. Deputy O'Donnell has raised a very valid point. The pay of Mr. Jermyn and so on will be and is subject to negotiation. That is on the private side of the fence. As Mr. O'Brien rightly said, what we do in regard to the group activities is a matter for the private company.

On the other issue, I do not see a problem. If one can visualise an organisation-----

With due respect, I wish to focus, in the limited time I have left, on the issue of the legal opinion St. Vincent's obtained from Arthur Cox that it was in compliance. What terms of reference was Mr. McDowell given when he was appointed as senior counsel to the group?

Professor Noel Whelan

We sought legal independent advice from a senior counsel, end of story. We asked him to advise us on the legal position as it stood and in the context of the emerging scene - the Government circulars and so on.

Is Professor Whelan saying that Mr. McDowell advised, notwithstanding the Government circulars on public policy to the effect that salaries could not be in excess of €136,282, that Government policy was not correct?

Professor Noel Whelan

Absolutely not. Mr. McDowell advised us that we were not non-compliant with existing Government policy - in other words, that we were not running against it in the present situation. He did not comment on the rights or wrongs of Government policy.

Is Mr. O'Brien of the view that St. Vincent's was in compliance with Government pay policy?

Mr. Barry O'Brien

The Chairman asked me the same question at the last meeting.

I am asking it again.

Mr. Barry O'Brien

As I said, in my view, it was not in compliance. The document it submitted to the Chairman is clear in that regard when one looks at the figures contained therein. It clearly sets out that there are three public servants who are in receipt of X from the public purse and Y from the private purse.

It is very important that the advice from Mr. McDowell would be shared in its totality with the HSE.

I ask that it be done in the context of the commitment given by Professor Whelan.

Professor Noel Whelan

I thank the Deputy. I hear what he says.

I want to touch on a couple of other points. As chairman of the board, will Professor Whelan indicate why there was so much secrecy? Clearly, the group is now in discussions with the HSE. Why all the secrecy? Why was a dawn raid made on Christmas Eve in the context of the announcement?

Professor Noel Whelan

I think I answered that earlier in reply to Deputy McDonald when I explained the date sequence whereby we, as the controversy-----

No, I am just asking why-----

Professor Noel Whelan

There was no secrecy up to the point of-----

We have seen the letters and we are aware that the group was dragged - kicking and screaming - into the process. Why did it fight so hard on the matter?

Professor Noel Whelan

I thought I-----

If it is bringing Arthur Cox and Michael McDowell, SC, on board, to the ordinary man in the street it would appear that a fair amount of firepower is being brought to bear by a group that is seeking to be in compliance. Why did the group fight so hard?

Professor Noel Whelan

As far as we were concerned, we were conscious and anxious to be clear on our legal position. Up to that point we said, "Let us abide by what the lawyers are saying to us". Then there came a stage when the controversy was moving on and we stopped a meeting and said, "Hold on, we wish to not run counter to public policy". That is still our stated wish and we suddenly said, "Let us put the legal advice aside and [honestly, Deputy] let us then move into disclosing the information".

The Deputy asked earlier about giving it out before Christmas. The Chairman commented in public, I think, about this and I understand perfectly the reason for the commentary and so on. The way things evolved was, as I said to Deputy McDonald in answer to her question, that we could have held it until the new year. Quite honestly, however, when the board took a decision to say, "Okay, we will put the legal advice aside and we will disclose it", rightly or wrongly, we went and disclosed it immediately. One could argue, by God, that just came before Christmas Eve. It did but I can only say that the motive for doing so was to get it out as quickly as possible given that we had decided we had to do so. As I said - and I repeat - we could have waited for the new year and perhaps there would have been no negative comments about it.

Two final questions. The group received a pension contribution to the tune of €12 million from the HSE in June 2013. The reason for this was because the fund was under-capitalised. Was that money put towards pensions in the public hospital, the private hospital or both?

Professor Noel Whelan

I will hand over to the chief executive, who will have the details, and Mr. Menton.

Mr. Nicholas Jermyn

Just to clarify, we have separate management accounts and bank accounts. The pension money we got was for the voluntary hospital superannuation pension scheme. As the Deputy is aware, people have retired and are due their lump sums. That money - and no other money whatsoever - was for the public staff under the voluntary hospital superannuation pension scheme.

For the sake of consistency, St. Vincent's Foundation is the fund-raising arm of the hospital. What level of funding does it raise annually?

Professor Noel Whelan

I will hand over to the chief executive and Mr. Menton, who might explain the details. However, I must first state that we have a St. Vincent's Foundation which we try to raise from philanthropic funding. That is totally separate - unrelated - to us. We try to get money from practically any philanthropist we can get our hands on.

Would any of that money ever be used to pay salaries? For what would it be used?

Mr. James Menton

From memory, the annual donations are of the order of €500,000. Every quarter a newsletter is sent to all our donors, as one would expect, and it details all the expenditures that are made out of the donations that are sourced from donors and from fund-raising activities - golf outings and the usual things that members will be well acquainted with. The only other point I was going to make is that the executive who is in charge of the foundation works on a pro bono basis. So a very high proportion of the funds raised-----

So there are no salaries involved.

Mr. James Menton

No, not since last year.

My final questions are for Mr. O'Brien and Dr. Smith. Will Dr. Smith indicate why, in the context of her report on section 38 organisations, the initial number of officials indicated was three? Will she further indicate why this suddenly rose to seven?

Dr. Geraldine Smith

Any of the correspondence I received back from St. Vincent's only referred to three senior officials. I can only speak about the three I have been told about. Subsequently, the correspondence received from St. Vincent's just before Christmas was possibly the first time seven were mentioned.

Will Mr. Jermyn explain from where the four additional officials came?

Mr. Nicholas Jermyn

I think I tried to cover a little bit of this earlier on. We had seven people. One we just discussed, Mr. Meagher, who was seconded and on the other three people we were working to compliance. We received a circular from the HSE around October or earlier in the year and then what happened was that we honestly believed we were in a position where we were working to compliance based on the criteria set in the circular. What happened then was that the board had agreed it was going to disclose-----

To clarify, Mr. Jermyn has referred to the circular.

Mr. Nicholas Jermyn

Yes.

So, clearly he regards the circular as the definitive document in terms of compliance. However, Mr. Michael McDowell, SC, has effectively said that the circular does not stand up to scrutiny.

Mr. Nicholas Jermyn

If I may, Deputy, I will just finish my point and then answer that question. The reason we disclosed the three people - it was seven versus three - was because we had not completed the discussions with the individuals. As we said earlier on, we have now completed those discussions and we are compliant with those three.

In regard to the circular, there is a differentiation. As group chief executive, I can say that I think we have covered it and we are committed to sorting this out. The actual view was that for the public work we receive a public salary for a public pension and we do public work. In the context of the three people that were dealing with the group work, they were paid privately and that was deemed outside the one-salary-one-person public sector public pay service. We have discussed this and I do not-----

Mr. Jermyn is saying that their salaries were paid by the private hospital.

Mr. Nicholas Jermyn

Yes, the three people that are under discussion. The work they did for the private sector was paid for by the private sector.

What about their top-ups? Did they come from-----

Mr. Nicholas Jermyn

My apologies, they were salaries. They were being paid a wage for work done. The public sector salary was paid for the work in the public sector and clearly - I must emphasise this for the Deputy - the money that myself and the other two people received was paid out of the private income, not donations, and it was separated.

Does Mr. Jermyn accept Mr. O'Brien's point to the effect that those three people who were paid top-ups in respect of the private hospital but who are salaried employees of the public hospital are not in compliance? Will Mr. O'Brien indicate if I am correct in my interpretation in this regard?

Mr. Barry O'Brien

Yes. The Deputy asked me specifically-----

Yes. So does Mr. Jermyn accept what Mr. O'Brien is saying, namely, that three employees of the public hospital were paid top-ups on the basis of work they did in the private hospital and that they are not in compliance as long as they continue to be paid such top-ups by the private hospital?

Mr. Nicholas Jermyn

If I may make it clear, the Deputy keeps referring to their employment. The three people we are talking about are employed by the St. Vincent's Healthcare Group. The money and remuneration they get from the private hospital is for work carried out in the private hospital. I would like to just stress that for the work they do in the public hospital, they get paid the public rates. I do accept-----

Of what entity are they employees?

Mr. Nicholas Jermyn

They are employees of St. Vincent's Healthcare Group and I-----

Are all staff employed by St. Vincent's Healthcare Group?

Mr. Nicholas Jermyn

St. Vincent's Healthcare Group is the legal entity. We have three trading names, namely, St. Vincent's Private Hospital, St. Vincent's University Hospital and St. Michael's Hospital. I want to stress that the people in St. Michael's Hospital and St. Vincent's University Hospital are public and they are paid by the-----

Mr. Nicholas Jermyn

-----public.

Yes, but by what entity are the three people under discussion employed?

Mr. Nicholas Jermyn

I am employed, as one of those three - if I may just refer to myself - by St. Vincent's Healthcare Group. I have a contract-----

Is that the private hospital?

Mr. Nicholas Jermyn

I am employed by St. Vincent's Healthcare Group. I get paid for my work that I do as a public servant in the public hospital and then I get paid separately for the work I do-----

Who issues the P60 Mr. Jermyn gets at the end of the year?

Mr. Nicholas Jermyn

I have a P60 from St. Vincent's University Hospital and I have a separate P60 for the private income that I earn.

Who employs the other two people?

Mr. Nicholas Jermyn

It is the same situation.

Does Mr. Jermyn accept Mr. O'Brien's point that in those circumstances if they continue to work for a P60 from St. Vincent’s University Hospital and that if they continue to get income from the private hospital at the same time, they are not in compliance with pay guidelines?

Mr. Nicholas Jermyn

We are in that process now. We have accepted that we are not compliant with the HSE’s definition according to the circular and we are now working to ensure that St. Vincent’s Healthcare Group and the three people will become compliant.

Do the other two people continue to receive income from the private hospital?

Mr. Nicholas Jermyn

Yes, at this point in time but we are dealing with that now.

What view will the HSE take if the income the other two individuals receive from the private hospital is not discontinued?

Mr. Barry O'Brien

The HSE position is absolutely clear. Nobody has authority to decide to employ somebody other than according to the guidelines. The issue is that these people are, first and foremost, public servants and they are fully encompassed by public service pay policy. We need to establish a key principle. In my view, it is not within the gift of St. Vincent’s Healthcare Group to determine that the salary of staff will be part paid as a public servant and part paid privately. One is either a public servant or one is not.

What will be the consequences for St. Vincent’s if it does not comply?

Mr. Barry O'Brien

First, the HSE and St. Vincent’s must be afforded the opportunity to conclude the discussions.

When does Mr. O’Brien expect the discussions to be concluded?

Mr. Barry O'Brien

It is a matter of urgency.

Could Mr. O’Brien give me a deadline date?

Professor Noel Whelan

In March. We said earlier to Deputy McDonald that it would be by 31 March.

Mr. Barry O'Brien

That would be late as far as the HSE is concerned.

Are there any other matters that are sticking points in terms of reaching agreement? St. Vincent’s does great work. What happens in the committee is never personal. This is a job we have to do.

Mr. Barry O'Brien

No. As far as we are concerned we would wish that St. Vincent’s would come to speedy decisions and if there are technicalities which we can assist in clarifying we will certainly do so. However, it must be reiterated that whatever matters arise or whatever technical issues need to be addressed they will be addressed only within the public sector pay policy and there will be absolute clarity from us on that.

In the interest of the St. Vincent’s Healthcare Group and the wider health service I wish everyone well. I wish a speedy conclusion for everyone who uses the service.

Professor Noel Whelan

I am with the Deputy on that.

Deputy Dowds and Deputy Murphy have indicated. I will take Deputy Murphy first. I ask members to be brief because we are anxious to conclude. We have been here for a while.

I thank the witnesses for attending. I wish to continue with what Deputy O’Donnell was talking about. What is the purpose of the pay policy?

Mr. Barry O'Brien

It is as set out in the pay policy issued by way of circular 11/2013 on 27 September by the Department of Health. It states:

I am writing to set out the essential features of pay policy as it applies to the Health Service and in particular to those bodies funded, in whole or in part, under service agreements with the HSE under section 38 of the Health Act 2004. In light of the findings in the HSE Internal Audit Report on remuneration in bodies funded under Section 38, dated March 15th 2013, the Minister for Health has instructed that section 38 providers be reminded of their obligation to conform fully to Government pay policy. For the avoidance of doubt, employees of Section 38 providers are public servants.

That is the purpose of the pay policy.

As the policy applies to CEOs, is it to ensure that no CEO responsible for a hospital that is getting public funding gets paid more than a certain amount? Is the purpose of the policy to bring salaries into line?

Mr. Barry O'Brien

It applies to CEOs and every other employee.

The key issue appears to be based on the fact that a funding element is going to the hospital and that is why the CEO must then be paid a certain amount. Is the purpose of the policy to bring consistency?

Mr. Barry O'Brien

Yes.

The HSE found that St. Vincent's was not compliant with public pay policy. Its solution was in this case to take Mr. Jermyn out of public sector pay in order to become compliant with policy but does the policy exist because St. Vincent’s is receiving public money?

Mr. Barry O'Brien

No, to be clear; we invited every section 38 organisation, including St. Vincent’s to make a declaration as to its current pay arrangements and then to give an undertaking that if there was a variance to the policy that they would take immediate action. What I said earlier to the committee was that we identified one or two options for St. Vincent’s with regard to the CEO position. We accept that we must fund a CEO for St. Vincent’s University Hospital, which is a public body. Equally, we have a liability to fund whatever is the agreed salary for the manager of St. Michael’s Hospital, which is another public body. If St. Vincent’s Healthcare Group decide to appoint a CEO, we as the funder will not contribute any money whatsoever from public funds for the salary of that post. That is a very important point.

I understand that.

Mr. Barry O'Brien

We have no influence on that.

We have discussed the matter already.

I understand that but the CEO of the group would be responsible for public money.

Mr. Barry O'Brien

The arrangements for St. Vincent’s University Hospital and St. Michael’s Hospital are fully covered, including policy, service, procurement and all of the other matters under the service level arrangement. It is a hugely comprehensive arrangement and that is how we safeguard the public interest in the public funding.

Does the CEO of St. Vincent’s University Hospital report to the CEO of the group?

Mr. Barry O'Brien

To protect the public interest, as Professor Whelan said in his opening statement – I will not quote him directly – they will take immediate action to further ensure the public interest aspect of that is protected. This issue would arise at board level but ultimately the board would not have a say in diverting public moneys. It would have to have full regard to the service level arrangement, which it has confirmed it will do, and to give assurance to everyone, it said it will have a public interest committee or sub-committee as part of the board to ensure that.

If such an arrangement is concluded would Mr. O’Brien see the HSE as being compliant with public sector pay policy?

Mr. Barry O'Brien

Yes.

Many other issues emerged early on in the meeting which have to be resolved between both parties.

Mr. Barry O'Brien

Compliance with pay policy is but one issue. It is far more important to ensure that we are satisfied that every euro of public money we give to St. Vincent’s is fully accountable in the delivery of essential services. Both the chairman, on behalf of St. Vincent’s, and me on behalf of the HSE have confirmed that is our overall purpose.

I have two questions, one for Mr. O’Brien and the other for Mr. Jermyn or whoever decides to answer it. Could Mr. O’Brien list exactly what he requires of St. Vincent’s in order to be compliant?

Mr. Barry O'Brien

Yes.

I am sorry. I might have missed some information when I was absent.

To be helpful to both parties, that is a very important question. We have discussed the matter. It is up to both parties to sort it out because issues might arise above and beyond what we have heard. It would be unfair to confine the parties to an answer they would give today. With respect to Deputy Dowds, because we have gone through matters-----

Perhaps we can get the information at some stage. I appreciate some of the issues might require negotiation.

Yes. We will come back to the issue.

My next question is to St. Vincent's. The private hospital is a very big part of the operation. To what extent does public money go into the private hospital?

Professor Noel Whelan

I will ask Mr. Jermyn and Mr. Menton to comment on that, with the Chair's permission.

Mr. James Menton

The simple answer to that is that it does not. We have separate bank accounts and separate accounting for the private unit of the St. Vincent's Healthcare Group. There are separate and different arrangements with banks and the funding of the hospital is completely separate from the public hospitals.

The private hospital gets nothing towards capital investment-----

Mr. James Menton

No.

-----and nothing towards payment of staff-----

Mr. James Menton

No. They are all employed in the private hospital.

Mr. Nicholas Jermyn

For clarity, like many major hospitals, there are some services for which there is appropriate charging. However, as the Deputy stated, everything is contained. I wish to make that statement clear. We must be clear that we have pathology services we provide to many public hospitals. That situation arises, and the private element of the company would pay for those services appropriately out of private income.

Absolutely no public money goes into St. Vincent's Private Hospital, either in terms of capital investment or in terms of payment of salaries.

Mr. Nicholas Jermyn

No, we are separate.

All the revenue comes from people's private health care arrangements and so on.

Mr. James Menton

Yes, the vast bulk of it.

Mr. Nicholas Jermyn

Like any other private hospital.

That brings our discussions to a close. In closing the meeting and arising from Deputy Dowds's request, I ask that the committee be sent a profile of both hospitals in respect of patient throughput and numbers and so on, to help members to understand the volume of work and outturn in respect of operations and so on. Earlier, I mentioned correspondence I had received and which I will forward to the witnesses. I ask them to provide the committee with a comprehensive response to the issues raised because I am concerned about them. I ask the board of St. Vincent's to give priority to dealing with it. Perhaps the committee will get a progress report at the end of March to understand what progress has been made on the various issues, as well as the outcome of those discussions.

Mr. Barry O'Brien

It is our expectation that the Health Service Executive, HSE, will be in a position to confirm for the committee that there now is full compliance with Government pay policy in St. Vincent's. That is our requirement and we see that date in March as being the absolute latest time by which we would tolerate a resolution being agreed and signed off. We see that as giving both parties ample time to resolve any matter.

The HSE is to receive the legal information and it might share it with the committee because we also want to understand. Our goal is the same, namely, value for money, making sure taxpayers' money is spent properly and so on. Had Deputy Harris a brief point to make?

No, I am happy with that arrangement. I hope further dialogue is not required and that St. Vincent's will reach the compliance stage and members wish it well. However, if further dialogue is required, I understand Professor Whelan would be happy to come back before the committee and provide members with further information, if needed.

Professor Noel Whelan

We are totally at the hands of the committee. We recognise democracy, as well as the role and importance of the committee, 110%.

The witnesses withdrew.
The committee adjourned at 5.15 p.m. until 10 a.m. on Thursday, 23 January 2014.
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