Mr. Sullivan’s role was made redundant, and he left the employment of the HSE by settlement and redundancy.
The agreement was reached following a legal mediation Chaired by a Senior Counsel. The resultant payment to Mr. Sullivan involved a legal settlement to mitigate the States’s financial and legal risks from the case, and also a redundancy/severance element.
This was an entirely legitimate course of action. It follows guidance and procedures for legal settlements and the payment of severance, advised by the Attorney General and contained in Department of Public Expenditure, NDP Delivery and Reform Circulars on Severance.
This agreement was approved at all appropriate official levels within the HSE, the Department of Health and Department Public Expenditure, NDP Delivery and Reform.
The Chief Executive of the HSE is clear that this agreement is appropriate and compliant in every respect.
Both the Minister for Public Expenditure, NDP Delivery and Reform and I, as Minister for Health, while not directly involved, were aware of the payment and have been assured that the correct processes were followed.
Mediated agreements like this are not only allowable but necessary and must be at the HSE’s disposal into the future.
The HSE has confirmed that the cost of the Agreement was €388,983. However, it should be noted the employee would not receive all of this in net payment.
The HSE secured the agreement of its former employee, Mr Sullivan, to waive the confidentiality in respect of the amount paid.