Skip to main content
Normal View

Health Services Data

Dáil Éireann Debate, Tuesday - 2 October 2018

Tuesday, 2 October 2018

Questions (445, 446)

Jonathan O'Brien

Question:

445. Deputy Jonathan O'Brien asked the Minister for Health the number of section 39 organisations employed by the Department of Health and-or the HSE to carry out services and functions. [40009/18]

View answer

Jonathan O'Brien

Question:

446. Deputy Jonathan O'Brien asked the Minister for Health the difference between section 38 and 39 organisations and their relationship with the public sector. [40013/18]

View answer

Written answers

I propose to take Questions Nos. 445 and 446 together.

My Department does not enter into contracts with section 38 or section 39 organisations.

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

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

As section 38 and 39 organisations come under the remit of the HSE, I have referred these PQs to the HSE for direct reply.

Top
Share