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COMMITTEE OF PUBLIC ACCOUNTS díospóireacht -
Thursday, 28 Jun 2012

Chapter 47 - Management of the Health Service Executive Vote

Mr. Cathal Magee (Chief Executive, Health Service Executive)called and examined.

We are dealing with No. 7, the 2010 annual report of the Comptroller and Auditor General, Vote 40 - Health Service Executive; Chapter 42, procurement in the health service; Chapter 45, consultancy and external report; and Chapter 47, management of the Health Service Executive Vote.

I ask members and witnesses and those in the Gallery to turn off their mobile telephones because they interfere with the sound quality of the meeting.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of the evidence they are to give this committee. If a witness is directed by the committee to cease giving evidence in relation to a particular matter and the witness continues to so do, the witness is entitled thereafter only to a qualified privilege in respect of his or her evidence. Witnesses are directed that only evidence connected with the subject matter of these proceedings is to be given and witnesses are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person or persons or entity by name or in such a way as to make him, her or it identifiable.

Members are reminded of the long-standing parliamentary practice that they should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable. Members are also reminded of the provision within Standing Order 158 that the committee should 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. Cathal Magee, chief executive officer of the Health Service Executive, and I invite him to introduce his officials.

Mr. Cathal Magee

Today I am accompanied by Ms Laverne McGuinness, national director of integrated services; Mr. Declan Lyons, who is assistant national director for finance in the Dublin and mid-Leinster region but is currently acting national director for finance; and Mr. John Swords, head of procurement. Also in attendance is Mr. Paddy Burke, head of PCRS, and he is available to the committee for any questions about medical cards.

I welcome Ms Oonagh Buckley, principal officer, and Mr. Tom Heffernan, principal officer, Department of Public Expenditure and Reform. I invite the Comptroller and Auditor General, Mr. Seamus McCarthy, to introduce Vote 40 - Health Service Executive, Chapters 42, 45 and 47.

Mr. Seamus McCarthy

Gross expenditure in 2010 under Vote 40 was €14.5 billion. The bulk of the expenditure comprises payment for directly provided services in the four HSE regions; grants to help bodies, including voluntary and joint board hospitals; the costs of medical card services and community schemes; and the cost of long-term residential care. Appropriations-in-aid of the Vote amounted to €3.5 billion. Receipts from health contributions amounted to just over €2 billion of that total.

Chapter 47 reports on a set of issues relating to the management of HSE expenditure. Employment numbers in the health service stood at around 111,000 whole-time equivalents at the end of 2008. This includes staff engaged in health and social care services and staff working in the voluntary sector. By the end of May 2011, the total number employed in the sector had fallen to around 105,400. Around 1,000 community welfare service staff transferred from the HSE to the Department of Social Protection. Voluntary redundancy and early retirement schemes resulted in a reduction of approximately 1,600 whole-time equivalent staff at an estimated cost of €103 million. A further 630 staff left under the incentivised early retirement scheme. The balance of the staffing reduction was due to the net impact of the general moratorium on recruitment across the sector. It was noted that the HSE had hired almost 800 retired staff to provide services at a cost of more than €14 million in 2010.

The HSE's primary care reimbursement service administers a number of schemes providing free or reduced cost health services to the public at a cost of more than €2.5 billion in 2010. This includes €1.9 billion paid for pharmaceutical services and €572 million paid to doctors and dentists. A review of pharmacy claim payments found the HSE did not hold complete and up-to-date information in relation to persons on behalf of whom payments were made. We found that almost €10 million had been paid in 2010 in respect of medical prescriptions where the medical card number was not recorded or was incorrectly recorded on the claim. A further €16 million was paid in 2010 in cases where the medical card had expired. In November 2010, the HSE agreed a revised protocol with the Irish Pharmacy Union for managing such incomplete claims.

The HSE made excess payments to GPs estimated at almost €1.5 million in 2010 due to delay in notification of death of registered patients. The HSE stated that it does not seek to recover such excess payments on the basis that doctors do not claim payments in respect of newborn children from birth. The report concludes it should be possible for a doctor to notify the date a child is first attended in order that the HSE pays for a measured service that is actually delivered.

The report also found there was potential in certain cases for dual reimbursement by the State under two dental service schemes. It concluded there would be merit in more regular data-matching of the records of the HSE and the Department of Social Protection and greater use of computer-assisted checks in mitigating the risks. The report also examined the recovery of accommodation charges for private patients treated in public hospitals and found that certain restrictions on charging apply. In particular, public hospitals can only charge private patients for accommodation in designated private beds. Overall, it was found that in 23 hospitals, 45% of patients treated privately by their consultants were not charged maintenance costs. While revenue generation objectives cannot take precedence over medical concerns such as infection control, the report concludes there seems to be scope to improve revenue generation through improved bed management.

The report also reviewed the systems in place in the HSE for monitoring the voluntary hospitals, which received funding of €1.9 billion in 2010. The HSE and the hospitals agree service level agreements and business plans linked to the funding provided. The examination concluded that the HSE had reasonable systems in place to monitor the financial and operational performance of the hospitals. It suggested a number of areas which might merit a review including closer monitoring of compliance with employment ceilings and their alignment with the budget, as well as the scope for more refined treasury management.

The other two chapters for consideration this morning deal with aspects of procurement by the HSE, which is the largest purchaser in the State. Framework agreements with one or more suppliers potentially allow purchasers within the HSE to place contracts without being obliged to carry out multiple open tendering procedures, thereby cutting down the administrative cost of tendering and benefiting from bulk buying. As of July 2011, the HSE had 52 framework agreements in place. These were multi-party framework agreements that provide for tendering competitions between the suppliers on the framework list for supply of goods and services. Criteria for selection are set as part of the agreement. The audit examined the use of the agreements in two hospitals and two health board areas. It found there was considerable scope for further use of framework agreements in the hospitals. The examination also looked at contracting practice in the hospitals and health board areas. We found that the hospitals did not have contracts in place with 21% of their suppliers, measured by value, and that contracts with 26% of the suppliers were out of date. Contracts were not in place with suppliers for 69% of the spend in the health areas reviewed. The report also found that a wide variety of inventory systems is in use across the health system. The HSE has identified that there are gains to be had from introducing computerised inventory management systems but there also would be resource implications in introducing them. The report recommends that the HSE should undertake a cost-benefit analysis to inform the long-term development of its inventory management.

In general, it is difficult to gauge accurately how many different products and suppliers are involved in HSE procurement because of the absence of national product and supplier codes. The report found the absence of a co-ordinated ordering system has hampered the generation of accurate, timely and consolidated information on vendors, products, use and user locations across the HSE. This works against the desirable approach of constructing strategies for procurement categories and tenders that accurately reflect the buying power of the HSE.

Finally, Chapter 45 deals with procurement by the HSE of consultancy and other external support services, based on a review of a sample of 27 consultancies that cost the HSE a total of more than €41 million over the period 2006 to 2010. Our review found that business cases identifying the rationale for the consultancies, the activities to be carried out and the outputs to be delivered were not in place for most of the consultancies. Only ten of the consultancies had been tendered openly and only ten had contracts or service level agreements in place. In many projects, there were limited details in respect of agreed pricing and expected project durations and monitoring of delivery was limited. It was found that the activity or output paid for was delivered in all cases but the lack of contracts or agreements with financial and delivery terms makes it difficult to validate the rates paid and whether the services are delivered to a specified standard and timescale. Overall, it was found that the HSE's procurement and management of consultancies needs to have more of a performance focus.

I thank Mr. McCarthy and invite Mr. Cathal Magee to make his opening statement.

Mr. Cathal Magee

I thank the committee for its invitation to attend today. Members will have received updates on each of the chapters, namely, chapters 42, 45 and 47, arising from the Comptroller and Auditor General's report of 2010 and a separate briefing report from the primary care reimbursement service, PCRS, on medical cards as requested at the last meeting. I therefore will be brief in my opening statement.

As for Chapter 42 on procurement, in his conclusion to this chapter, the Comptroller and Auditor General is drawing attention to the opportunity to deliver improved value through the extended use of contracts, including framework agreements, as well as investing in logistics and stock management systems to support the business of the HSE. The Comptroller and Auditor General also refers to conformance with Circular 40.02 on reporting requirements as a means of achieving better value outcomes. The HSE accepts these conclusions and has, over the past 18 months, implemented revised management arrangements within the procurement directorate to better support the business and improve compliance with the procurement rule set. Over the past 18 months procurement cost reductions of €112 million have been delivered. I should explain this figure comprises €75 million in respect of 2011 and €40 million in the current year. While that is dealt with under the procurement directorate, the total savings in 2011 were €180 million when one combines the savings driven by procurement and locally by the various operations. While the target was €200 million, we delivered €180 million.

Over the past 18 months, the procurement directorate has supported the organisation to achieve best value for money in terms of quality of product, service support and pricing, while maintaining an appropriate level of patient and clinical choice on a health sector-wide basis. The HSE has engaged in a significant process of review of all its supply and services contracts. The key purpose of this process was to deliver cost savings to the HSE under existing contracts in the context of the current challenging financial environment. Among the approaches adopted by the HSE has been, in accordance with and permitted by the terms of the relevant contracts, to vary their terms either for the purposes of simply effecting cost reductions or to deliver better value for money to the HSE in other ways, such as by obtaining additional services or supplies for the same overall contract sum. To date this process has delivered significant savings. In cases in which existing suppliers and service providers have been unwilling to put forward or agree cost savings, the HSE is in the process of making arrangements to re-tender those services and supplies. Many of the re-tenders conducted to date have been on a national or framework basis. We would have expected that approximately 50% of the spend now is covered by framework agreements and this largely has been achieved over the past 12 months. Economies of scale can be derived from national procurements and the use of mini-competitions on frameworks can promote continued competitive tension and, therefore, even better value even after an initial tender exercise has been completed. It was possible to deliver these efficiencies through the implementation of a single procurement model which involved moving to a single procurement organisation. The integrated model is a key enabler in achieving cost reduction, increased efficiencies and the adoption of streamlined standardised procurement processes to avoid duplication of effort in line with leading practice in procurement.

The strategy developed to maximise procurement opportunities in 2011-2012 was to harmonise pricing for existing business across the health sector - that means picking the best price that exists through the health system and trying to use that price on a contract basis for the wider system. Tendering processes are now under way to maximise the buying power of the health sector through national-regional contracts. Despite the limitations in management information and IT systems referred to in the Comptroller and Auditor General's report, good progress has been made in the past 18 months on the issues raised. The next phase of improvement will require significant upgrade of IT procurement systems into a single, more integrated model and ongoing investment in procurement capability.

The HSE has taken action to implement the recommendations of Chapter 45 - consultancy and external support. This has been achieved through the implementation of revised procedures for engaging consultancy put in place by the procurement directive. Expenditure on consultancy and professional services has reduced significantly in 2011. Excluding the ESRI contract for the hospital inpatient inquiry scheme, the figure is down to €4.6 million for 2011. A listing of all consultancies, external support and professional services engaged in 2011 was provided to the committee in our update last week.

Chapter 45 of the report draws attention to non-compliance with the HSE procedures relating to the acquisition of consulting services. The report reflects an unacceptable level of non-compliance. While there is a strong assurance process in place in the HSE, in the absence of a single procurement system to track and control compliance with contracts, there are weaknesses that must be addressed in the next phase. These matters are referred to in more detail in the published statement of internal financial control as part of the year end reporting process. In the HSE, non-compliance with the controls environment is a matter to be considered under the disciplinary code of the organisation. In February of last year, I wrote a detailed memorandum to all budget holders reflecting all of the learning from the various internal audit reports and Comptroller and Auditor General reports and requiring adherence to the controls environment and to the processes, and implementation of that is under audit in the current year. Where necessary, management or internal audit undertake a report and management ensures appropriate action is taken to address non-compliance.

On Chapter 47, management of the Vote, the primary care reimbursement service, PCRS, manages a wide range of primary care services across 12 community health schemes, including the medical card scheme, to a population of over 3.6 million people. These services are provided by more than 6,660 primary care contractors, involving 77.9 million transactions annually, with an associated expenditure of €2.517 billion. As of 1 May 2012, there were 1,787,839 medical cards and 128,929 GP visit cards in circulation, an increase of 183,536 on the 1 January 2011 figure. When compared to 1 January 2005, there has been an increase of 771,685 cards in circulation, which is 67% more than the 2005 level.

In 2011, a major change programme was initiated, planned and developed by the HSE to centralise medical card processing in PCRS, effective from 1 July 2011. This very significant change programme involved the redeployment and training of significant numbers of staff and considerable changes to processes which were not standardised. The purpose of the centralisation project was to provide for a single uniform system of medical card application processing, replacing the various different systems previously operated through more than 100 offices across the country; streamline work processes and reduce the numbers of staff involved in medical card processing from approximately 450 to 150; and, ultimately, ensure a far more accountable and better managed medical card processing system. While considerable progress has been achieved in improving the medical card system, it is acknowledged that during the first six months after centralisation, a significant backlog in processing accumulated. This backlog, which related to applications between July and December 2011, stood at 57,962 in January 2012. This backlog was cleared to zero by the end of April 2012.

As part of the six month review, PricewaterhouseCoopers, PwC, also undertook a high level assessment of possible excess registrations on the medical card register. In its analysis, PwC indicated a range of potential exposure if such excess registrations were to be substantiated. However, it also stated that this is preliminary assessment which should be treated with caution and was only indicative in nature. A forensic analysis of all the medical card database is now under way and this analysis is scheduled to be completed by the end of September.

In relation to the outstanding legacy issued raised by the Comptroller and Auditor General and raised at previous meetings here, the HSE has completed an analysis in respect of all old cases of a time delay between the death of an individual and the DEPS notification back to 2005. The amount to be recouped is in the order of €3.095 million. In parallel, an analysis of the historic amount due to GPs in respect of new births was conducted and this amounts to €2.807 million. Arrangements are being put in place to give effect to these repayments and recoupments. Since the processing of medical cards was centralised from July 2011, the HSE has recouped €344,791 automatically as part of each end of month process in respect of deaths. From July, this issue is now corrected but the legacy issue has to be addressed.

On income, in Chapter 47 of the report, the Comptroller and Auditor General refers to the treatment of private patients in public hospitals. The conclusions refer to the opportunity to grow the income of hospitals through growth in the numbers of patients charged by ensuring they are placed in privately designated beds within hospitals. The chapter refers to 45% of private beds in 2010 being used for public patients. This figure fell to 41% in 2011. The primary reasons for use of private beds for public patients related to managing patients with infection, providing privacy for patients and their families at the time of death and dealing with volumes of admissions through emergency departments. Since the conclusion of the chapter the Minister for Health indicated in late 2011 that he would bring forward legislation to address a number of issues in bed designation. This would resolve the issues raised by the Comptroller and Auditor General.

The chapter also referred to the fact that the HSE was submitting a business case to implement a claims management system. The business case was approved, a tender process completed and a project is under way for a new claims management software in hospitals. This will roll out in five hospitals during 2012, in Limerick, Beaumont, Galway, Waterford and the Mercy University Hospital in Cork.

This concludes my statement and together with my colleagues, we will take any questions that you might have.

May we publish your statement, Mr. Magee?

Mr. Cathal Magee

Yes.

I welcome Mr. Magee and his officials.

I will go straight to the overall deficit which, it has been reported, could reach, by one Minister's estimate recently, €0.5 billion by the end of the year. Can Mr. Magee comment on that? Some provisional figures in a national newspaper showed a deficit up to May, for the first five months of this year, at €250 million to €300 million. Can Mr. Magee give us an idea what that figure will be? I will go through a couple of different matters. If Mr. Magee would give me the figure, I will keep going.

Mr. Cathal Magee

Could I comment?

Yes, on the figure.

Mr. Cathal Magee

The April performance report showed a deficit of €197.3 million, which represents a little under 5% against budget plan. Hospitals, which includes statutory and voluntary hospitals, represent €106.2 million of that deficit. PCRS, which is the demand-led scheme that we have been talking about for primary care, represents €45 million of that deficit. The community and child care services represent €54 million. There are some off-setting surpluses in the corporate area. The deficit at Limerick regional hospital is €9 million, at Galway it is €7 million, at Beaumont it is €8 million, at Tallaght it is €7.5 million, at Drogheda it is €6 million, at St. Vincent's it is €6 million, at the Mater it is €5 million and at Cork University Hospital it is €5 million.

That is fair enough. I wish to revert to the overall figure cited by the Minister. I want a ballpark figure, as Mr. Magee cannot put his finger on something that has not yet occurred. Is the estimate €500 million?

Mr. Cathal Magee

Yes.

That is fine. As to the percentage of the health service's funds dedicated to pay, the commonly used figure is approximately 70%. Is this correct?

Mr. Cathal Magee

If one takes the operating units, which are the major spend areas, and excludes the likes of the primary care reimbursement service, PCRS, the pay figure in acute hospitals is 70% and is probably increasing. If one takes disability services, the figure is up to 90%. Long-stay nursing units would be 85% and mental health would almost be the same. If one excludes demand-led schemes, for example, general practitioners and other primary care services, the average figure for pay in all operating environments is between 70% and 90% of total costs.

It could be up to 80%.

Mr. Cathal Magee

Between 70% and 90%, depending on the operating environment in question.

A statement by the Minister for Transport, Tourism and Sport, Deputy Varadkar, was reported in the press. I am not asking Mr. Magee to discuss policy, as I would not expect him to. The Minister stated that the decision to defer payments on increments could save between €170 million and €200 million. Is this the correct figure for the total increments?

Mr. Cathal Magee

That is the total number for the entire public service system. The health sector accounts for approximately 25% of total costs-----

That was my next question.

Mr. Cathal Magee

-----and one third of public service numbers. Although my figures are subject to verification, my sense of incremental costs on a year-on-year basis in the health system is in the order of €40 million to €45 million.

I was going to say €50 million to €60 million.

Mr. Cathal Magee

The range is probably €45 million to €50 million. Since I am getting these figures from 2011, the current profile might be somewhat less.

I am trying to piece together the bigger picture of the matters under discussion, the numbers at the end of the process and the efforts that the HSE has been making. What is being done about the overrun? If we want to deal with the deficit, where does the solution lie? If people do not want front line services to be cut, we must examine where the bulk of the money in the health budget is being spent. If pay accounts for 70-90%, I can reach a quick conclusion.

The Minister discussed targeting pay increments and allowances over time. When I examined the data, I felt the need to understand the history of how that element of pay had grown within the budget. I examined the increment and pay trends from 2002 onwards. I asked the Comptroller and Auditor General's officials to help me. I would like to thank the liaison officer from that office for her work. I asked the officials to analyse the trends and growth. The Minister for Health, Deputy Reilly, wants to reduce the €800 million bill for overtime and premium payments without cutting pay. We examined the annual financial statements. According to the HSE's accrual accounts and annual financial statements, the 2002 outturn pay figure for the health boards was €3.5 billion, which increased to €4.71 billion, or 35%, by 2012. These are rough figures. The relevant figure in the voluntary hospital sector was €1.13 billion in 2002, which increased to €1.55 billion in 2012, some 37%. The trend is approximately 36%. It is a rough figure, but it gives one an idea of the increases during that ten-year period.

I examined individual areas within the HSE's annual financial statements in terms of employees' basic pay, allowances, overtime, night duty, weekends, on-call, arrears, etc. Basic pay increased by 24% between 2005 and 2011. The level of increases grew in the last six years of the decade since 2002. Allowances increased by 22%, nighty duty pay increased by 18%, employer's PRSI increased by 21% and superannuation increased by 89%. There were also reductions. On-call pay decreased by 2% and overtime pay reduced by 6%. Generally speaking, though, there was an increase and the trend accelerated. We examined the HSE's pay costs of management and administration between 2005 and 2011. There was an increase of approximately 24%, from €462 million to €574 million. These are the basic figures. A great deal of work went into finding them - reading the annual financial statements and the accrual accounts. They paint a stark figure of where the bulk of the money, between 70% and 90%, is going and the increases that occurred in that seven-year period.

When I examined the HSE's genuine attempts to cut costs, they were unconvincing. The measures implemented have been problematic - Mr. Magee can interrupt. I examined the early retirement and severance schemes, in respect of which the Comptroller and Auditor General quoted a figure of €103 million. How many years will it take the HSE to recoup the costs? They are big ticket items. Although the use of agency staff has received a great deal of attention, the saving has not amounted to much. Under a recent EU directive, agency staff must be paid the same as HSE staff. The HSE must pay agency staff €2.5 million in back pay and the directive will cost an additional €30 million per annum, which will cancel out most of the savings. It is not the HSE's fault. Agency costs have increased by 38% since 2009. What progress has been made in the planned reduction of 50% by 2012?

The HSE announced savings in its expenditure on drugs. It was hoped that up to €100 million would be saved, but this figure is under question. We will not generate anywhere near the €140 million in additional revenue from health insurance companies.

Having have examined pay and the HSE's bona fide attempts to make cuts, I have concluded that the cost cutting measures have not gone to plan - an expensive retirement scheme, an EU directive on agency staff that stymied the HSE's efforts, fewer savings on drugs than expected and less money from the health companies than was planned. At the same time pay across the board has risen steadily and staff numbers have not decreased significantly. The briefing which we asked for and received from the HSE is slightly misleading. The figures provided by the Comptroller and Auditor General indicate that by end May 2011 the total number employed in the sector had fallen to approximately 105,000 and that there were 111,000 whole-time equivalents in 2008. The figure the HSE provided is a peak figure, which does not paint the true picture. Also, the date used by the HSE was random. We did our own research, using the annual financial statements, and the reality is that in the seven years about which I am speaking there was no great decrease in staffing levels in the HSE. Staff levels have increased and then decreased. The reality is that there were only 1,000 fewer staff in the HSE in 2011 as compared with the figure for 2005. The figure for 2005 is 101,000 compared with 102,000 in May 2012. Staffing levels are the same and pay has increased. The genuine attempts by the HSE to recoup money and make savings have not worked which, with the commentary made in the past week or so, lead me to the conclusion I have drawn. Perhaps Mr. Magee might respond on that point.

Mr. Cathal Magee

On employment numbers, we do have available a detailed employment census report which includes figures in respect of the statutory and voluntary system, each operating unit and covering every discipline in the system. The information dates back to pre-2005. As such, there should not be any argument around data. In 2001 there were 90,000 people employed in the health system. Staff levels peaked - we have previously used this number - at 112,771 in September 2007. We furnished the committee with the most up-to-date number as at 31 May 2012, which indicates staff levels are down to 102,343, a reduction of almost 10,500 from the peak figure in 2005.

The peak number does not paint the true picture. There have been few reductions in numbers during the past seven years.

Mr. Cathal Magee

As I have reviewed the data and done a number of presentations on the profile over a year, I am reasonably familiar with it. Growth in employment in the health system took place in the five to six year period between 2001 and 2007, when an additional 22,771 staff were recruited. This figure has decreased by approximately 10,500. The main areas of growth were medical, in which the rate of growth was 2,000; nursing, in which the rate of growth was 7,500, and therapies. In 2001 there was a very low base of physiotherapists, occupational therapists, social workers and speech therapists. When one looks at these profiles, one of the biggest dramatic percentage increases in the past decade was in the recruitment of 6,500 therapy professionals, many of whom were recruited into the disability service in which there was significant investment. The number of administrative staff grew throughout that period by 3,700. Staff levels in respect of other care staff grew by 3,300. They are the figures up to 2007.

The figure for current staff levels of 102,000 is the same as that in the period 2005-06. This figure must be viewed in the context of the significant development of the health service during the past decade. When there is growth in an economy, growth in the health spend increases. There has been significant service development. It must also be acknowledged that there has been significant growth in the population which has grown by 17% since 2002. Demographics and service development must be taken into account. Nonetheless, the argument that the Deputy makes in regard to the data-----

I accept that. It is evident in my constituency. What I am getting at is the deficit and how the HSE proposes to cut it. I accept everything Mr. Magee has to say. I am doing the figures in my head, taking into account the figure of €45 million for increments and 10% for overtime, night duty, weekend and on-call allowances, which amounts to €60 million, which add up to a total of €105 million. I am concerned about how the HSE proposes to address its deficit and overrun. When one makes the basic calculation of 10% in allowances plus €45 million for increments, one does not arrive at anything near the figure with which we will end up at the end of the year. I am concerned about how the HSE proposes to cut this figure at the end of the year.

There is a political issue, although I accept Mr. Magee cannot comment on policy matters. The Minister for Public Expenditure and Reform, Deputy Brendan Howlin, is quoted as saying any significant overrun in the health sector this year would not be sustainable and undermine our national recovery efforts. He has communicated this by letter to the Minister for Health, Deputy James Reilly. If one accepts the figures I have outlined in respect of the health budget and people are against cutting front-line services and that the Croke Park agreement is preventing a reduction in pay levels throughout the HSE despite this may be what is necessary to bring the budget under control, the conclusion I reach is that the agreement is undermining our national recovery efforts. I make this conclusion having analysed the figures provided, the increases in budget and what needs to be done. I do not expect Mr. Magee to comment on this. However, having analysed the figures, that is the conclusion I have reached. Leaving political constituencies aside, that is a basic conclusion when one examines the data provided.

I was surprised to hear the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, say at a recent joint financial performance monitoring meeting that the HSE had been unable to provide monthly profiles of expenditure by programme, adequate explanations of the drivers of expenditure or adequate projections of when and to what extent the savings measures in the 2012 service plan would result in an abatement of these spending measures, which was a pointed and strong statement on financial management procedures and systems within the HSE.

I would like to return to the issue of pay and allowances. I thank the liaison officer for pointing this out. I am speaking about employees and pay, allowances and overtime payments for 2009 and 2010. Under the heading of maximum individual payments made in 2009 and 2010, in 2010 one individual received €186,000 by way of allowances, while another received €135,000 in overtime payments. In respect of night duty payments, one individual received almost €20,000, while in respect of weekend duty payments, another individual received €30,000. For on-call duties one individual received €111,000. There are other categories that are not explained. The numbers of recipients of €10,000 or more in all the different categories are mentioned. It is a considerable four-figure number for many cases and in some cases it is a five-figure number. Will the witness comment on that with respect to the comments of the Minister for Public Expenditure and Reform, Deputy Howlin, regarding financial management systems within the HSE and the figures I have before me?

Mr. Cathal Magee

I will deal with the systems issue first. Reading our annual reports for 2010 and 2011, particularly my CEO statement and our statement of internal financial control in both of those accounts, we make clear that the financial system environment in the HSE is not fit for purpose. That has been acknowledged in discussions with a number of committees. We have a significant systems challenge in that we still have the legacy systems embedded in each of the agencies and health boards that existed, and they are not integrated.

The Deputy referred to the comments of a Minister but I have not seen the letter. The point is that we do not have our financial systems on a programme basis, and that is an important structural element to understand. It is not a criticism but a reality. The Ministers for Public Expenditure and Reform and Health, as part of the Government, would like to gain insight into the spend on a programme basis and control it using that process. One can understand that as it is possible to line up outputs and outcomes with programme spend. Mental health, child care, acute hospitals or any of the range of services to be provided could be lined up through programme spend and programme outcomes. The operating design of our financial systems in the HSE are not programme-based.

In the current year, for example, we are in the process of trying to separate child care for the new agency that is to be established from 1 January next year. It is taking quite an amount of work to separate the staff and non-pay costs directly associated with child care, for example. Integrated services are provided with multiple disciplines; for example, a public health nurse provides child care, care to the elderly and a range of services to young kids. Essentially, we are asking a public health nurse cost to be spread over the activity so we could allocate those costs to the programme. It is a much more complex question than may be understood. When a person is in a community and serving families, one may not think in a programmatic way. The work may involve children, the elderly and a range of services. The coding and costing systems are not sophisticated enough or sufficiently joined up to give a clear view as to what is spent on child care, for example. There is mainly a geographical base to systems, which goes back to the health board process. The criticism is at a system rather than control level, although poor systems lead to poor control.

I am always giving out about people taking too much time and I have to go.

Mr. Cathal Magee

Could I come back to the premium payments? Some 83% of the total pay bill, which was €5.28 billion in 2011, is basic pay and employer PRSI. That is for a system that works 24 hours a day, seven days a week. Overtime constitutes 4% at €272 million in 2011, of which 61% is medical and the balance is nursing. Agency costs come to 3% and all the premium payments are 10%. I can provide the committee with a detailed breakdown. The Deputy's point is that if 70% to 90% of the operating costs are pay, and if the numbers employed in delivering the service have been reduced by 10,000, payroll costs - where there is a contracting fund - is the area where there should be attention.

The difficulty I have is as follows. It goes to policy and I do not expect the witness to respond. Ministers understand where the figures are and have said so publicly. Line Ministers are being pressed to do something about the problem but because of constituency politics, they refuse to allow the major issue to be addressed. The question is if there is no action, how will the HSE cut the deficit? The off-the-record reaction from the HSE has been that it will be forced to close wards, beds and hospitals. Is that where we are?

Mr. Cathal Magee

We have been in discussions for a number of months with the Department of Health and our board regarding options for dealing with the run rates on costs. There are structural issues in the plan, and certain assumptions are made. In our plan the assumption was that we would save €124 million in drug payments, with a substantial part delivered through a new pricing agreement with the industry. That has not come through. At the same time we are approving new and innovative drugs for which there is not budgetary provision. The drugs area is under significant pressure and the Irish Pharmaceutical Healthcare Association agreement has not been concluded to give us very sizable savings. There are other associated issues as well.

The assumption or plan is for €140 million in additional income, of which €75 million would come from charging private patients in public beds. That assumption is not yet deliverable. We had very significant costs associated with the exit scheme, with additional lump sums associated with financing a larger number of exits at the end of February period that was budgeted for. The structural issues in our service plan relate to whether those assumptions are valid at month five. That is an area for policy discussion with the Department.

On the operational side, we are confident that our community services, with some assumptions around some of the developing funding, can reach the plan. Our primary care reimbursement services will not and our hospitals have very significant deficits. That is where break-even plans will have a very significant impact on services in the second half of the year.

I thank the witness for the response. I appreciate it.

I welcome Mr. Magee and his colleagues. Will he take us back on the figures he mentioned on reductions in staff levels in the recent past? Will he specifically refer to the amount of people availing of the package at the end of February this year?

Mr. Cathal Magee

Some 4,928 people went on pension since 1 August 2011, with 94% of those leaving under the end-of-grace period. The balance would relate to former staff with entitlements for deferred benefits. All of those people fall for payment from the HSE's 2012 budgetary allocation and up to the middle of June we had processed approximately 89% of payments, with 11% which were more complex being finalised. The cost of those lump sums is expected to be in the order of €235 million.

The pay savings after February are anticipated to be at €160 million and the increased pension costs will be of the order of €78 million. Lost income from salary reductions and pension contributions is in the order of €21 million, yielding a net saving of €60 million, excluding lump sums. There is also 10% for replacement or replenishment. Clearly, the assumption estimate we have here is that there is probably a funding deficit - this is an estimate because 10% of the work has still to be completed - of the order of €50 million arising out of the number of people that left under the grace period. We are confident from our discussions with the Department of Public Expenditure and Reform that the assumption is recognised, once the figures have bottomed out and been agreed, and that the plan had a different outcome.

Is the reduction in staff levels from the peak in 2007 until now in the order of 2,500?

Mr. Cathal Magee

It is 10,400.

The increment figure being bandied is a misnomer, particularly when one looks at what is retained and how often it is paid. The increment is paid on the first and subsequent anniversaries of the date on which employment commenced so it is difficult to examine increments in terms of the standard calendar year. Increments are part of the Croke Park agreement which is Government policy and they are subject to tax, the universal service charge and so on and the real increment figure is about half. I said that for the benefit of the meeting as opposed to anything else. Can the chief executive tell me what is the current pay bill of the HSE?

Mr. Cathal Magee

I advised the meeting of it. In 2011 the total pay bill was €6.4 billion and €5.28 billion was the basic employer's PRSI.

In terms of the benefit derived from the Croke Park agreement, the implementation group would have worked in consultation with the HSE to monitor and examine areas for savings. How effective has the measure been in terms of cost savings for the HSE?

Mr. Cathal Magee

We are on record as saying that there has been huge benefits delivered to the health system under the Croke Park agreement, particularly when dealing with the significant number of people who have left the health system in the past number of years and up to the end of February. As is published on our website and in our detailed reports - we gave some summaries of it in our documentation to the committee - there has been very significant flexibility and very significant change. We have had over 4,500 redeployments. We have had significant restructuring of service. We have had significant changes in rosters in many hospitals to take out overtime.

How significant were the roster changes?

Mr. Cathal Magee

The aim of all roster changes was to reduce costs and to try to align resources more effectively with demand. It is very challenging because it is almost local by local. We have very good evidence of engagement locally around aligning rosters with the needs of the service and trying to reduce the cost of overtime or the cost of premium payments. I have been involved directly in some of these discussions. A lot of good progress has been made. If one goes back to the employment scenario, to go from 90,000 to 107,000 at the peak in 2007 and then to go down to 102,000 in the past three to four years, so there was a reduction of 10,000 and it represents a very significant change in the system. There is no argument about the value of the Croke Park agreement and I think it is recognised by both the implementation body and also in public comment that health has stepped up to the plate and represents a substantial part of the overall national savings that have been audited and reported. Of course there is more to do. Of course not every part of the system is perfect and there are areas where one would like to see more progress and faster progress. Generally, I think that the unions have been willing to deliver on their commitments under the Croke Park agreement and we have no issue with that.

There is also the overarching benefit of industrial peace. The chief executive said that 83% of the pay bill is basic pay but what about overtime?

Mr. Cathal Magee

Overtime is 4%.

Is that out of the overall pay cost?

Mr. Cathal Magee

Yes, the overall. Within overtime, 61% of overtime in 2011 relates to medical. As the Deputy will know, we have junior hospital doctor coverage and a very significant amount of medical earnings paid to them is overtime, 18% are nursing and 14% are support services. Premium payments accounted for about 10% in 2011 and cost €632 million. That is broken down with weekend work at €254 million, which is extra premium payments worked at weekend, night duty was almost €100 million, on-call was €81 million and allowances was €166 million.

At the last meeting when Mr. Magee was before the committee I raised the issue of agency nurses with him and there was some discussion on when the area might be addressed. What is the ball park figure paid to a nurse employed directly by the HSE? What is the level of remuneration that he or she would receive as opposed to an agency nurse? What is the difference in pay?

Mr. Cathal Magee

I am not sure that I have that information. Last year we went out to procurement and had a competitive tender for the recruitment of agency which reduced the cost to the system quite significantly. The recent EU decision clawed back a lot of the savings. The relative difference between a recruiting agency and a staffed employee has narrowed. The value of agency is that it can be much more flexible and can be on-call in terms of availability in any individual situation. This year we had the objective to reduce our agency costs by 50% but that is not going to get realised largely because-----

Mr. Cathal Magee

By 50%. It was probably an unrealistic target.

Mr. Cathal Magee

It will be down by perhaps 10%. The real pressure with agency work is that if one looks at our service activity profile as opposed to our planned assumptions, in the first six months of the year there has been a huge increase against the plan of service activity, particularly in acute hospitals. That has put a lot of pressure on resources and on the requirement to have agency. I do not have the data before me but Ms McGuinness will talk about activities year on year. In both emergency admissions and inpatient discharges are up by the order of 5% to 6% year against plan.

The decision to address the agency issue rests with whom? Is it the Minister or the HSE?

Mr. Cathal Magee

The agency is an operational issue.

Mr. Cathal Magee

Everybody wants to minimise the use of agency in our health system but the operational pressures, from time to time, and the level of activity in our hospital system in the first six months made it not possible. The big issue would be trade-offs between agency and the increased number employed. I believe that they are the trade-offs. In areas where you have institutional agency work it may be better to face up to the fact that we need more resources and, therefore, substitute full-time employment. That would mean dealing with the issues around the control framework and new and additional posts. We are trying to work through those issues.

Ms Laverne McGuinness

With regard to the activity at May, and these are indicative figures, we were 8% over target for inpatient discharges, which is about 18,802 patients. Of that figure 6.1% relates to emergencies and these were people that presented at emergency departments who required admission. It is 9,208 people over and above where we expected to be at this stage. We are also ahead of our day case activity in terms of our service plan and we had 157 more beds open this year than we had last year.

In terms of agency work, we have seen a significant reduction in terms of junior doctors, which are down 31% but nursing is only down by about 6% or 7%.

With regard to the cost of medicines, it was reported recently that the Department had reached an agreement with the Irish Pharmaceutical Healthcare Association which would produce savings of €20 million per annum for the HSE on the cost of drugs. Will those savings be achieved this year?

Mr. Cathal Magee

The €20 million was a full year value. In the current year the figure might be €10 or €11 million. That is subject to my checking the figure, but that is my understanding.

In other words the figure will not be met?

Mr. Cathal Magee

If one looks at the current year, we would expect the saving in cash terms to be of the value of €10 million.

On the issue of expensive new drugs, how much of the savings would be towards that area?

Mr. Cathal Magee

One of the issues we have pressed with the industry and the Department is that because Ireland has a significant pharmaceutical industry, which brings huge investment and employment and is therefore very important for us, it is important to that industry that Ireland is a leading edge country in adopting new innovative drug technologies. That is something which parallels our positioning as a major pharmaceutical location. My view of the industry, and we have pressed this both with the Minister and the Department, is that the industry must engage with the health system and create the financial space to fund early adoption of innovative drugs, which will support the industry strategically, not just in Ireland but globally. Ireland has been an early adopter and that benefits the country not in terms of the size of the market here, but in terms of the overall global industry.

However, we need the industry to recognise that our spend on drugs in relative terms is high, and we are a very high payer. Therefore, we need very significant savings and price reductions from the industry both to deal with the challenge of funding contraction and to protect our health system, but also to create the financial space to continue to fund innovative drugs that are coming onto the market. We need a strategic commitment from the industry to lower prices for our drugs. Our pharmaceutical spend, and we have talked about this previously, is almost 16% or 17% of the funding of the health system. That compares to the 9% spend in the UK.

I intended to ask that question. How does it compare with what the NHS pays for medicines?

Mr. Cathal Magee

The figure is 9% in the UK. Our spend on pharmaceuticals is disproportionate when compared to the OECD average and to a number of comparator countries.

Is 9% of the NHS spend on medicines?

What is the difference between what we pay for our medicines and what the NHS pays for its medicines? If an expensive drug here is a certain price, for example, and the HSE procures it through its framework or agreement, what does the NHS pay for a similar drug?

Mr. Cathal Magee

I do not have that information to hand. Perhaps Mr. Burke might have it. All I will say is that we are in the upper quartile of pricing. However, we have made a great deal of progress in the past two years. We got €200 million from the industry late in 2010, which was of huge benefit in 2011. It did step up in late 2010 for 2011, but it has not stepped up this year to deliver. What we require is to try to drive €124 million of savings. We are out of agreement since the end of February.

Will a new agreement be put in place?

Mr. Cathal Magee

The Minister said that there is a commitment from the industry, now that certain decisions are being made surrounding our support for innovative drugs, that it will come back to the table and deliver significant price reductions. That is absolutely essential. The industry has said it and it must deliver on it, and quite quickly. Otherwise, the impact of the funding deficit on services will be significant. The commitment of the industry to delivering significant price reductions for drugs is a key element of the solution for our system over the next six months.

I have two more questions. From my perspective the centralised system for medical cards has improved in recent times. I can only imagine the pressures the staff are under trying to implement a new, innovative service to change the practice for issuing medical cards, which was quite frustrating for the people who applied for medical cards and general practitioner, GP, only cards. It was also extremely frustrating for ourselves because people came to us expecting us to intervene and accelerate the process. What measures have been put in place in recent times and what evidence is there to suggest the service has improved?

Mr. Cathal Magee

The immediate agenda was to deal with the backlog, which was an enormous pressure. We apologise for the difficulties that were created in the early part of this year in that regard. That is now cleared. Now we are involved in developing and supporting the service in a professional and managed way. We are appointing a customer service manager and building the capabilities to try to manage a professional service to clients and to the various contractors. I am confident that we have a very good baseline now. We have very good control and management information and the quality of the service we can provide to the current 1.78 million medical card users will be improved. The rapid growth since 2005 imposed huge pressure. At the same time we reduced the number of staff from 450 to 150. There is massive growth in demand and the number of cards and, at the same time, we are trying to take out significant costs and rationalise. I believe we have stabilised the service, which was in crisis mode, and we now have a better platform to build a good service for clients who are applying or renewing. We have also introduced a number of flexibilities in the renewal process, which will help.

My final question is about savings in the area of procurement. The 2011 target for savings was €98 million. How much of that target was met?

Mr. Cathal Magee

In 2011, we had a target of €200 million for procurement savings in total. It was entitled "non-pay" savings in our service plan. We delivered €180 million of that. A total of €74 million was delivered through procurement organisation and the balance through local services and spending being cut. In the current year the target is €50 million and we are on target for €40 million of that already. We have made a great deal of progress on procurement. It is still a huge area of focus and attention. We have 50% of our framework agreements in place. That is 50% of the spend. Almost €900 million of the €1.7 billion is covered by framework agreement and would be run by mini competitions. We have to look strategically at how we engage the voluntary hospitals in a common procurement platform, the section 38s and also the section 39s. We will have to build a proper procurement system and we must build procurement capability. We must continue to drive value and cost.

We have innovated with an e-auction and tested the capability of running e-auctions. An example that we ran late last year proved hugely effective in getting very significant price reductions in the last five to ten minutes of that e-auction. It was a saving of almost €5 million. There are procurement capabilities and systems to be built. In the last 12 months we have been trying to get the cash out of contracts, renegotiate contracts, meet the top 100 suppliers and trying to get the savings. That has been relatively successful. We must also, at the same time, build the platforms for building a professional procurement organisation not just for the statutory HSE, but for the entire health system. We are working with the Department of Public Expenditure and Reform in the context of its overall national strategy for procurement and shared services that is emerging.

It is an area of real focus. We are coming from a quite fragmented and poor space but the last 12 to 18 months have shown good progress, but we have a great deal more to deliver.

On a point of clarification, Ms McGuinness said the number of staff involved in medical card processing was approximately 450 and that there has been a reduction to 150. Is that correct?

Ms Laverne McGuinness

Yes.

Have those staff left the organisation?

Ms Laverne McGuinness

There are two issues. Some medical card processing was done by community welfare officers. Some 1,020 community welfare officers have transferred to the Department of Social Protection. Some clerical administrative staff were also involved in processing. Many of them have gone, have retired or have been redeployed throughout the rest of the organisation. Some 150 of the staff involved were transferred to PCRS in Finglas. Our current staff were transferred to PCRS in Finglas.

It does not represent a saving of the cost of 300 staff. It represents a saving of the cost of whatever number staff out of the 300.

Ms Laverne McGuinness

In total, 450 staff were engaged. There is a full report which we can make available to the committee in regard to the number of full-time staff. It might not have been a full-time job for everyone engaged in it. It equated to 450 staff. There are now 150 staff involved full time in processing medical cards in PCRS. There is a saving of 300 staff who are now engaged in other activities and who are doing other work. Some of them have since left and have not been replaced.

The point is the bulk of the staff are still in the HSE.

Ms Laverne McGuinness

No, because some of that work was done by community welfare officers who have moved to the Department of Social Protection.

I will ask the question again in a different way. Are the bulk of the staff still being paid by the State? We have not lost 300 staff. They are all still in the system somewhere.

Ms Laverne McGuinness

That is correct unless those staff have retired or left.

Yes, but the bulk of the 300 are still there.

Ms Laverne McGuinness

Yes.

They are still in the system.

I thank Mr. Magee and his officials for their attendance. I am sorry that I missed some of his presentation. I very much welcome what he said about the efforts being undertaken by the HSE to recoup some of the outstanding moneys in regard to the medical card scheme. This is an issue on which we have had an exchange in the past. I also welcome the reforms of, and the improvements to, the ambulance service in the HSE. I wish to focus on three areas, namely, child protection, budget overruns and procurement, specifically in regard to medical technology. Will the Chairman please indicate if I repeat anything which has already been asked?

In regard to child protection, the independent report on the deaths of children in State care between 2000 and 2010 was published in recent weeks. That report was a harrowing read for everybody and a damning indictment of how the State protected the children placed in its care, many of whom were placed within the care of the HSE. The HSE has come in for specific criticism from the Ombudsman for Children. On RTE's "This Week" programme last Sunday, Ms Logan referred to what she described as a new mechanism put in place in 2007 to review child deaths in the State. She said what was interesting at the time was that it was made very clear to her that her intervention was not that welcome and the reason given at that time was that there was quite a reluctance and an apprehension about introducing a mechanism which might be perceived to apportion blame to front-line staff. She went on to say there was an adversarial view in place which was very expensive and was not meeting the needs of children. Specifically in regard to the HSE, she said that her office had found that people at an operational level in the HSE had been instructed by their union shop stewards not to fill out certain administrative forms and that people at all levels of the organisation must improve their communication at both operational and managerial levels.

While the report was a damning indictment of society as a whole, there was some specific criticism in it, and from the Ombudsman for Children, of the HSE. Will Mr. Magee, as the head of the HSE, give the committee his response to that report?

Mr. Cathal Magee

I might ask my colleague, Ms McGuinness, to comment on the detail. When I took up my appointment as CEO in September 2010, my priority was to recruit an experienced and specialist national director for child care and family services. We were successful in recruiting Gordon Jeyes, who came from the UK and who now heads up the whole transformation of child care services. Obviously, all of the reports, both recent and previous, point to huge inadequacies in the manner in which the HSE, as the statutory organisation responsible, dealt with these issues.

There is a very significant change process under way which is driving both cultural change, organisational change and process change and standardisation of processes in line with the standards that have been published and outlined by Government. That is a very challenging piece of work but it is what is underway. I will ask my colleague, Ms McGuinness, to comment on the operational issue.

Ms Laverne McGuinness

I refer to the new structures in place in regard to child care services and the report commissioned in 2009 to review the new structure to take effect. There was fragmentation following the health boards coming together to form the HSE. There had not been consolidation. There is not a national ICT system, although that is currently under way. There was not a standardised system in terms of risk assessment for children, the allocation of social workers, etc.

A full strategic framework was conducted. A new structure has been developed under PA Consulting and it will be implemented under Gordon Jeyes to alleviate some of the concerns. There is still a long road to travel. The change programme will be quite challenging. New positions are currently being filled by Gordon Jeyes and an operations person will be in place.

In addition, specific managers have been made accountable and responsible for special care and high care support arrangements. Some of the improvements have taken place and we will see more improvements over a period of time. It is important to say that some social workers have been doing very good work.

I take Ms McGuinness's point and I very much welcome the new structures. What drives Irish people crazy - it certainly drives me crazy - is that all these reports are published which find mistakes were made. Some of these mistakes can be put down as systematic or cultural difficulties. However, the Ombudsman for Children, an office independent of the Government and the politic system, said that people in the HSE, at an operational level, were instructed by their union shop stewards - in other words, other employees of the HSE - not to fill out certain administrative forms. While I am not speaking for the Ombudsman for Children, I can deduce from that that people in the HSE, advised by their unions and other HSE employees, did not fill out forms. As a result of not filling out those forms, they endangered the lives of children and the protection of children.

Does Ms McGuinness agree with the Ombudsman for Children's assertion in regard to that practice? Were people in the HSE aware of it? Can we have a categoric assurance that this practice has stopped and there is no longer a situation where any union or individual is instructing people not to fill out administrative forms, which are put in place for a very good reason? This is quite harrowing. We can look at all these reports broadly and say things went wrong and systems failed but this is quite sickening. This is a situation where union shop stewards told their staff not to comply with protection guidelines and not to fill out administrative forms. That is the nub of the issue.

Ms Laverne McGuinness

We will come back with a written response to the Deputy from the director, Gordon Jeyes.

In regard to the budget overruns, my colleague, Deputy Deasy, touched on some of them. One of the questions I would like to put to Mr. Magee, as the Accounting Officer for the HSE, is a simple one which every taxpayer is asking. Why is there a budget overrun in the HSE? Why is it not operating within its budget?

Mr. Cathal Magee

It is a good question. If the Deputy looks at our service plan, which was published and was developed in the last couple of months of 2011, he will see plans are built on certain assumptions. I outlined earlier what some of those assumptions were. The three big ones on the cost side would include an assumption that €124 million would be delivered by way of cost of drugs, a key component of which would be the introduction of reference pricing and a new industry agreement with the IPHA. A key component would be the introduction of reference pricing and a new industry agreement with the Irish Pharmaceutical Healthcare Association, IPHA.

Our second assumption was on income, and the expected additional income of €145 million. We expected to generate €75 million from new charges for private patients in public beds, which was announced by the Minister towards the end of last year and a further €50 million through increased collections through an industry agreement on either decoupling or a variation on that. Our third assumption was on the number leaving the health service. We expected 3,000 people in whole-time equivalents, WTE, posts to exit the service at the end of the grace period in February. It turned out that many more people left which drove the funding costs, including for lump sum payments much higher. These were three significant assumptions of our plan, but when we look at the figures for the end of May 2012, there is a question about their validity. Will we get the savings in drugs? Will we get the additional income? There are policy discussions underway with the Department on all of these issues.

Another assumption was that the level of activity could be contained, particularly in our acute hospital system. This was a difficulty in shaping the plan, as further cuts of €750 were to be implemented on top of the cuts of €1.5 billion in the previous two years. As my colleague, Ms Laverne McGuinness has said, our acute admissions are 6.1% above plan and 1.6% over last year; elective admissions are 4% over the last year; inpatient discharges are 8% up on our plan; day cases are up 5.5% and today we have 157 less bed closures than last year. Our acute hospital system was faced with very significant budget reductions in the plan - the plan was built on containing service level activity - whereas in the first six months we have seen very significant growth and increased demand. I think the very good work of the special delivery unit in driving improvement of performance in our emergency departments and trying to begin to deal with our waiting list challenges is having an impact on demand.

There is much more detail available on it but our requirement is to try to drive cost reduction and take costs out of the system. We have been very successful on reducing pay costs and, as I said earlier, €160 million will be delivered by the reduced pay costs. We are also on target for delivering on our saving on procurement. The savings agenda continues but some of the assumptions of the plan, as of today are no longer valid.

Deputy Deasy raised the issue of increments and in response Mr. Magee told him that the cost to the HSE is €45 million to €50 million this year. The question I have put to every Accounting Officer and to the Minister for Public Expenditure and Reform is to differentiate between the cost of increments for those in the low and middle pay grades and the cost for those in higher paid grades. Has Mr. Magee a breakdown of the numbers in receipt of increments, the number of people earning above a certain figure who are in receipt of increments this year? If so, he will be ahead of his colleagues in other Departments. Could Mr. Magee tell me how many of those earning in excess of €70,00 per annum in the HSE are in line for increments this year?

Mr. Cathal Magee

I am unable to do so but I am happy to try to get that analysis for the Deputy.

I would appreciate that as it is important to have such a breakdown. We are having a fake debate in society, where we are trying to lump together all public sector workers, as if everybody is earning the same income and carrying the same level of responsibilities. From this committee's point of view in terms of protecting the taxpayer's interests and in terms of the HSE living within its budget, it is useful to know the difference between clerical grade staff who may depend on their increment and people earning generous salaries in the higher echelons. If it was possible to compile that data, it would be very useful.

My final point refers to a very important issue on procurement and medical technology. A good deal of work has been done at an academic level on procurement and medical technology. I refer to a damning report, A Review of Current Procurement Practices in Ireland, authored by Dr. Paul Davis, in conjunction with IMSTA, DCU and Enterprise Ireland. The key findings of this DCU procurement research were that there is no coherent policy for medical technology procurement, that international research findings conclude that a singular focus on procurement price reduction can result in a failure to reduce total health care costs; and that medical technology procurement must be seen as a strategic activity in order to focus on total health care costs. It goes on to make the point that the current practices in public procurement in Ireland focus on price only, with little or no tender engagement with lack of specialist knowledge and tenders being used to seek market information. It also asks that Government and industry start to establish a formal dialogue.

The report hits a very interesting point on the head, if I can put it to Mr. Magee, which is the idea of the HSE operating in silos, that people in the procurement division are so desperate to achieve the savings that he has outlined to this committee that they are not looking at the total health care costs, a phrase we do not hear enough in Ireland. To give a simplistic example, in the HSE, one could have a procurement unit that would procure the cheapest bandage for a wound possible, not knowing that the bandage might need to be changed on a daily basis, whereas the couple of euros they have saved on the bandage will result in much more significant costs in the primary care service, where community nurses must replace the bandage more often. My point is that the HSE has not got a joined-up way of calculating total health care costs, which is accidentally misleading in terms of the savings and is not serving patients as well.

Mr. Cathal Magee

Deputy Harris makes valid comments. My response, is that in the past two years, we have seen very significant engagement of our clinical leaders in the whole management and decision making of both costs and cost benefit in our health system. We have a very significant number of clinical programmes that are programme leads who would be blueprinting what the future service model would look like and the steps that enable it. That would include the cost benefits of different models of delivery of care and the different technologies underpinning that. We are bringing that clinical capability to a judgment around how to drive costs down and how to benefit from technologies in total health value. That work is now beginning. I compliment our clinical leaders and our clinical teams for the work they are doing in this area. They are also beginning to engage in the procurement process, and we have very good examples where clinicians are leading very significant procurement processes for certain services. Let me give some examples - renal services would be a good one - where they are taking a more holistic view, taking account of the whole.

This is a new area and this is where I expect to make progress, with the specialist procurement teams working to support clinicians, who are looking at total cost and value and driving the systems required to underpin that. Another example is the stroke programme that is led by two clinicians who are looking at a technology enabler that we can provide through access to specialist consultants across 16 to 17 centres to be provided on a hub and spoke basis, through advanced technology.

In reply to Deputy Harris who asked about the cost benefit analysis of technology, I outline the following considerations. To use technology as a tool to achieve the best cost benefit analysis in terms of drugs and technology itself, it must be clinically led and supported by procurement specialists in looking at what savings can be driven and where value for money and cost benefit can be driven into our health system.

This is an area where progress will be made as a result of ongoing change.

I have two final points. To further develop the point on saving money, we are misleading ourselves, as there are people in hospital beds that may be taking up a bed because the technology or an innovative device is not available in the next location or because it is not listed on the GMS scheme. That is another example of a fake saving and I ask Mr. Magee to consider this. Is he aware of the work being done by the NHS on this, as it is significantly ahead of us, both in terms of the actual work it has done but also in the culture in which it is engaging. I am not sure if Mr. Magee is familiar with the publication, Innovation Health and Wealth: Accelerating Adoption and Diffusion in the NHS. Mr. Magee's counterpart, Sir David Nicholson, the chief executive of the NHS, in the foreword to his report, describes the opportunities provided by medical technology are "tantalising". He cites the example of fluid management monitoring technologies which can he states, "reduce mortality rates for elective procedures, improve the quality of care for more than 800,000 patients a year, and save the NHS at least £400m annually." Given the current financial climate, Mr. Magee may be particularly interested to note the savings that can be achieved. In certain areas of the HSE there appears to be a misplaced view that we cannot afford such technologies. Is the finance directorate availing of the services of a health economist?

Mr. Cathal Magee

Yes. A number of people who are health economists are employed. We do not have a strong health economy capability, but we have health economists.

Is Dr. Valery Walshe still with the HSE?

Mr. Cathal Magee

Yes, she is in Cork.

It is important that the HSE use more health economists. The NHS asked medical technology companies how they could help it to make savings while improving care. I would be delighted to have a further exchange with Mr. Magee on this matter at a future meeting.

Mr. Cathal Magee

Going back to the clinical approach, one of the first initiatives within each of the clinical programmes is to benchmark international best practice and examine what solutions are offered internationally. We are looking at which countries are most advanced in terms of service delivery or the provision of certain services. As a country, we plug in and benefit from best international practice or experience. That is a key component of the clinical programme design and blueprint.

I thank Mr. Magee and his personnel for their attendance. I also thank him for his work as head of the Health Service Executive in ensuring the report on the deaths of children in care was published. Before his appointment two years ago, we did not even know how many children had died in care as there had not been any report published on the issue. Shortly after his appointment, I spoke to Mr. Magee who indicated that he would publish regardless. Prior to that, there was an attitude that publishing would have legal implications. I am satisfied that the decision to publish the recent report is related to Mr. Magee's arrival in the HSE as no report had been published beforehand. The relevant information may or may not have been available at the time. Perhaps it was easier for Mr. Magee to act in this matter as the events in question did not take place on his watch.

I compliment the HSE, the Department of Health and the Department of Children and Youth Affairs on the openness they have shown on this issue. Such openness was not evident hitherto. We owe it to the 196 children who died to be open. The committee had a few skirmishes when some reports were published about two years ago. A member of the Fine Gael Party which was then in opposition who is now a Minister raised the matter and there was considerable controversy about publishing the report. Its publication was a good decision because it forced everybody's hand.

I acknowledge the role of the Minister for Justice and Equality in getting the ball rolling. I also welcome the appointment of Mr. Gordon Jeyes and the establishment of a new Department of Children and Youth Affairs. These decisions may be what is needed. It is important that the children in question did not die in vain and we learn lessons which may prevent the deaths of other children. We will support the referendum on children's rights when the time comes. Having discussed this issue previously, it is good to have a report, although I was disappointed by the coverage it was given. An issue of that nature should have been the dominant event of the week, but many other issues have taken centre stage in recent days. I am confident that those with the authority and ability to act on the report will do so.

I thank Mr. Magee for his undertaking to try to obtain information on the cost of increments for highly paid staff on salaries in excess of €70,000. The HSE which employs approximately one third of all public servants has been helpful in providing the committee with information on issues in the public service. We have not been as successful in obtaining such information from other Accounting Officers or line Ministers. We have been able to extrapolate from the information provided by the HSE, on which I compliment Mr. Magee and his staff, a picture for the entire public service, although I accept this is not an exact science. I look forward to receiving the information Mr. Magee has undertaken to provide.

What is the percentage change in the HSE budget for 2012 as compared to 2011?

Mr. Cathal Magee

Does Mr. Lyons have that figure?

I thought that was an easy question.

Mr. Cathal Magee

It has been reduced by about 4.6%.

We received an incredible amount of information for this meeting. On Vote 40, payments voted to the State Claims Agency increased from €79 million in 2010 to €81.2 million in 2011 and, according to the Book of Estimates, the voted figure for 2012 is €96 million, an increase of 18%. I am sure much of the money refunded to the State Claims Agency arises from medical negligence and other legal cases. Why is the increase so large? From previous experience, I estimate that if €60 million of this year's figure relates to costs, the other €36 million will relate to legal fees. Why has the allocation for this purpose increased by 18%? I will not produce a handkerchief to weep for all the cuts in front-line service. Mr. Magee will no doubt argue that this relates to the timing of cases, an issue over which the HSE does not have control. What is his best estimate of the value of outstanding claims in the State Claims Agency which the HSE must meet from a reducing budget in the coming years? The figure is large and does not appear to be under control.

Mr. Cathal Magee

The State Claims Agency would probably be better able to answer the Deputy's questions on projected figures. The figure has increased and the costs relate to the settlements that take place in individual years. One has significant outstanding claims that are in process. At my last meeting with the CEO of the State Claims Agency we reviewed this matter and the indications were that in totality, if one looked at the potential liability or exposure on all outstanding claims, it could be of the order of €750 million to €800 million. However, these figures are probably best verified by the agency because it manages the caseload.

I will not extend the discussion to the details of an extensive range of individual cases. In terms of the increasing costs, a review of all the elements is taking place which is asking how one drives down costs and limits legal costs. One of the areas at which we are looking is how do we directly provide services earlier for staff, clients or patients who are impacted on at the point at which something untoward happens in a way that offsets the costs of services for an individual. We are looking at areas in which we can take a certain amount of responsibility and provide medical, social support services for a client or family or an individual in order to mitigate or reduce the ultimate cost of a claim that might be initiated and may take two to three years to conclude.

How much of the €96 million provided for in the Estimate has been paid out so far this year?

Mr. Cathal Magee

The State Claims Agency would pay-----

How much has the Health Service Executive paid to date?

Mr. Cathal Magee

I would not have the figure.

Does the chief executive know what has been paid to date? Are they paid on a monthly basis or just one cheque per year of €100 million?

Mr. Declan Lyons

It is paid throughout the year.

What amount has been paid to date? Perhaps that information can be forwarded to the committee.

Mr. Declan Lyons

We will get that information.

The only piece of information I am seeking is a breakdown of what has been paid to date and the years to which the incidents related. We do not need the names of the awards, some of which are published after court cases. If we find that some of this relates to incidents five, six and seven years old, which may well be the case, it will give an indication of what is coming down the line.

Mr. Cathal Magee

I can provide the committee with a briefing document on that matter.

Okay. I thank the representatives for the briefing received. May I have the HSE update on Chapter 47? The HSE update is shown in blue writing. I wish to deal with the issue of hiring of retired staff. The figures show that payments to retired staff for services provided to the HSE in 2011 amounted to €11.6 million. Will the representatives provide the figures for 228 whole-time equivalents, 686 individuals, as per the information supplied to the committee during the week? I am far more interested in the figures for agency staff. To give an example, a reply to a parliamentary question received during the past week showed that agency staff hours in the first three months, January to March 2012, in Tullamore Hospital amounted to 11,396 hours, in Mullingar Hospital, 10,922 hours and in Portlaoise, 10,900 hours. That was 1,000 hours of agency staff in each of the three hospitals for the first three months of the year. Will the chief executive give an estimate of the budget for agency staff across the HSE, the number of hours, the wholetime equivalent and the difference between the pay rate for agency versus direct employees and the possible savings?

Mr. Cathal Magee

On the matter of rehiring of retired staff, we updated the committee in respect of 2011. As of June 2012, the number of people who retired not within the grace period but in the normal way in recent years and still provide a locum or agency of support service is 218 full-time equivalents but 440 individuals.

Mr. Cathal Magee

We have a policy position to exit all those retired arrangements if we can before the end of the year or the early part of next year. It will not necessarily be possible in all cases because this covers a wide range of disciplines from nursing, medical and local services and we may have to call on somebody who has the experience, knows the system and is available to provide short-term cover. Nonetheless, from a policy point of view and public commentary there is a need to switch the emphasis to bring in and source those but not from the retired population. We have made a decision to seek to exit those arrangements by early 2013. That is separate from the number of people who were taken on under the grace period. We circulated to the committee the small number of people who were re-employed following their retirement under the end of grace period to the end of February.

In respect of agency services, in response to an earlier question, I indicated that in our budget plan we anticipated reducing the volume of such services in the health system in the current year. The target was ambitious at almost 50%, but reflected some of the financial and funding realities. Agency staff was down 10% on the previous year. That reduction was largely driven by the fact that at the end of grace period large numbers left the health system up to the end of February, transitional arrangements were being made while the level of acute activity in the hospital system in the first six months is 7% or 8% above what was-----

What is the HSE budget for agency staff for this year?

Mr. Cathal Magee

In terms of this year-----.

Ms Laverne McGuinness

The total cost is around €200 million for agency doctors as well as agency nursing. We had to use some agency doctors when we could not recruit some non-consultant hospital doctors in key areas, for example, in emergency departments. We have reduced by 31% agency usage in medical and we have reduced our junior doctor cohort in the past year whereas nursing is down about 6% or 7%.

The cost of hiring retired staff directly is small fry at €11 million in 2011 whereas the agency budget is 20 times that amount at €200 million. Let us park the retired staff. Has the HSE a mechanism of identifying how many of its retired staff come back in through the agency system? It is easy to say that the number of rehired staff who come back in directly is 218 wholetime equivalents this year. They can come in on the following Monday through an agency. Surely the HSE can identify them from PPS numbers? How many of the agency staff, who were paid out of the €200 million, are former employees? There can be no Deputy who is not aware of the practice whereby medical staff who retire on a Friday are back on an agency contract, doing the same job, on Monday morning. I accept that sometimes there is no other way of doing the job and that there has always to be some element of agency staff for flexibility. I gave the example of the number of agency staff hours worked in the midlands hospitals which, I am sure, are not different from other hospitals. Given the number of agency staff, the agency has its own roster and knows the number of hours on average, it will have per week, per month. It is a small industry in itself. What is the additional cost to the HSE of employing those people though an agency as opposed to employing them directly? What is the extra cost of the agency per hour, per day, per week, per month?

Ms Laverne McGuinness

We will need to get back to the Deputy with significant detail on that issue. Generally, agency staff were cheaper to employ than employees because a contract was negotiated last year, on which there was a saving of €33 million. Given the new EU directive which will come into force this year, some of those savings will be eroded. Therefore, there is no saving as a result of employing agency staff. On the question of previous employees returning through an agency - we checked the matter with the lawyers - legally there is nothing we can do to prevent it. It is prohibited. It is discriminatory. We have acquired some agency staff. We try to discourage the practice but we cannot legally prevent them from returning.

We understand that they have a right to work as well. When people see a retired person whether in a school or a hospital they do not know if he or she has come in through an agency or has been rehired. The representative is saying that last year it was cheaper to hire an agency person but the new EU directive, whereby agency staff are entitled to the same minimum notice entitlements and redundancy arrangements, has made the operation more expensive.

Ms Laverne McGuinness

Yes.

The last main topic is the issue of dealing with older persons and the fair deal scheme. I examined the Book of Estimates for 2012 and note that long stay care in the community for 2010 cost €957 million, last year €740 million and this year the budget is €683 million, a saving of €274 million. The next line deals with nursing home subventions and the fair deal. That figure in the same period has gone from €434 million to €567 million last year and to €592 million in this year's budget, which is up €158 million. It looks as if the HSE is in the business of contracting out the care of the elderly. It has reduced substantially the budget for its own long-stay residential hospitals and communities residences, while there has been a very similar increase in payments for nursing home subventions under the fair deal. The figures speak for themselves. There is a significant element of contracting out the care of the elderly. Is that the way the HSE is going?

Ms Laverne McGuinness

It is not that we contract out these services. Under the fair deal scheme, the elderly person chooses which nursing home he or she wishes to enter, and that is whether it is public or private. The person exercises the choice. Many potential clients are choosing to go into private nursing homes. We have 128 public nursing homes, but there is a choice for the patient and the legislation for the fair deal scheme is underpinned by patient choice.

Is there a cost figure for the 128 HSE nursing homes and community residences? What is the average cost per patient per week in those units this year when compared with last year, given that the budget has gone down dramatically? What is the HSE's target for this year?

Ms Laverne McGuinness

We have almost finalised what is known as the cost of care. It is not ready yet, but it will be available for publication. For the first time, there will be an individualised cost of care for each nursing home, based on all the staff and costs they have. I do not have the average for that, because they are very individual. Some of the costs will have risen because some of our buildings would have had to be made compliant with HIQA standards. A unit that would have had 45 beds a few years ago might have to be shrunk to 35 beds because en-suite facilities may have to be put in. That would lead to an increase in the cost of care. Some of them are far more expensive due to the dependency levels of some of the patients. We published our previous cost of care figures, and the current set of figures will be published in the next few weeks.

Can Ms McGuinness give me an indication? The committee received a letter arising from her earlier visit on 9 March 2012. The letter dealt with the issue of nursing home costs and we were given a chart on each of the 128 nursing homes. The average weekly cost per patient varied from €2,518 for Our Lady's Hospice - we understand that the hospice is very expensive - right down to St. Joseph's Hospital in Dungarvan at €430. Most of them are in the €1,100 to €1,200 per week bracket. These are the figures for 2010. I have a document here published by the HSE in May 2012 for the midlands called "Older Person Services - Information and Consultation Document". This contained proposals to close down two units in County Laois. I compared the figures on costs per patient in the chart for 2010 with the cost per patient in the midlands that was published in this recent document. If the 2010 figures are correct, then I cannot believe the change in the 2011 figures published last month.

In Tullamore, Mountmellick, Birr, Longford, Mullingar, Abbeyleix, Edenderry and Athlone, the costs have gone up from year to year by 53%, according to the HSE document. If we compare the costs Ms McGuinness gave us three months ago for 2010 with the costs for the midlands region published last month, the cost for the nursing home in Longford has gone from €1,246 per patient per week to €2,448, which is a 96% increase. There is an increase 84% increase in Athlone, a 64% increase in Abbeyleix, and a 36% increase in Mountmellick. I cannot believe that the costs have gone up that much. It looks as if the HSE is trying to construct a case that it is very expensive to keep people in public nursing homes so that they can be moved out of HSE facilities and into private nursing homes.

I will go back to my first comment. There appears to be a policy to contract out some of the care of the elderly and I have quoted two reports in this respect. I cannot understand how an organisation that must reduce its budget by 5% for this year is able to stand over figures for the nursing homes I have chosen - they are the only nursing homes for which I have figures and I have no reason to believe they are any different from the other 119 public nursing homes - where the smallest increase is 9% and where there are some increases up to 96%. How can these figures tally for an organisation whose budget has been cut by 5%? Can the witnesses explain that? It is hard to reconcile those figures at face value, and they are the HSE's own figures. I am probably taking them by surprise in this area, but they are probably aware of what I am talking about and this is a recent HSE document. They can come back to me with more detail, but I would like them to make a general comment.

Mr. Cathal Magee

I will make a general comment. In the next few weeks we will have completed the financial viability analysis of our community nursing units, examining the precise unit costs, the staff ratios, the potential investment costs for upgrade and so on. This will be examined for each nursing unit within the statutory system. The Deputy will know from the previous published documents that the unit costs vary significantly.

Ms McGuinness spoke about people exercising choice within the fair deal system. Where there is a loss of staff and a reduction in bed occupancy, the economies of scale work significantly against the nursing home, so some of those increases are driven by reduced occupancy and significant overhead costs, which lead to increased unit costs. That is a dynamic within the statutory nursing unit system. As people choose to migrate to private care under the fair deal scheme and as staff leave our public nursing unit system, there can be a contraction of the number of occupied beds. If the numbers go down, the unit costs go up. I think we have to strip out those issues to understand exactly how to compare units with units. That is the key issue. It is a difficult to maintain occupancy levels within the public nursing unit system in order to keep unit costs on a comparative basis with the funding issue of the standard costs of the fair deal system.

This is a compliment to the HSE facilities, but I do not know any person who would not be happy to go into any of its facilities before going into the private system. It would be their first, second, third and up to ninth choice before the private system, because we all know of the medical care involved in the public system. There is normally a GP attached to some of these while they are not necessarily attached to private nursing homes. There tends to be a bit more physio and activity in the area. I compliment the public nursing homes and community residences for the elderly and I do not believe anybody chooses to go to the private system under the fair deal. Almost everyone I have come across would much prefer to be in a HSE facility for all of the good reasons I have mentioned. I do not believe people are migrating from them because they prefer to go elsewhere. The numbers are reducing because the HSE is not letting people in. There are patients in all of the hospitals in the midlands region who should be discharged. The HSE has stopped admissions on an ongoing basis. If it lets no one in, a unit which had 40 patients last year at a certain unit cost may reduce that number to 20 or 30 patients, but then the unit costs would double, not because costs had gone up but because of the number of patients. There is a queue of people seeking to get in, of which the HSE should be mindful. In some cases it is overusing HIQA. I realise certain places must register in several years time, but none of these places have problems with HIQA.

Mr. Cathal Magee

The fair deal scheme and the way it operates in the private and statutory systems are under review. The Minister has initiated a consultation process and a review of the mechanics. The scheme operates in a precise way in the way it interfaces throughout the private and statutory or public delivery systems. Some of the issues surrounding the statutory and private systems must be examined. There are anomalies in respect of the issue of cost and capacity in the statutory system and how it is funded. We will publish the revised up-to-date costs of care in all of these units.

Will Mr. Magee send them to us?

Mr. Cathal Magee

Yes.

Deputy Sean Fleming raised several issues about terms of the fair deal scheme. Is there a backlog?

Ms Laverne McGuinness

No, there is no backlog. All forms and applications are being processed within a maximum period of six weeks, but 90% are processed within four weeks. We do not have a backlog; we are up to date. There are 22,709 people supported under the fair deal scheme in subvention contract beds and fair deal scheme beds.

I will return to that issue, but that has not been my experience. I am unsure how other Deputies will respond to that information. My experience with constituents is that under the fair deal scheme, it can take a considerable period for an application to go through. There are several patients in beds in acute hospitals waiting for decisions under the fair deal scheme. Figures released by the HSE suggest that in the first four and a half months of the year some 93,698 bed days were lost in hospitals. I am trying to assess this figure. Was it the case that patients did not go home, or were they still in bed when they should have been elsewhere? What is the cause of this? Is what I perceive to be a backlog or delay in making decisions under the fair deal scheme part of the cause?

Ms Laverne McGuinness

There are a number of reasons for there being what we call delayed discharges. It is not nice terminology, but that is the term we use. This relates to patients medically fit for discharge but who have not gone home. A total of approximately 664 delayed discharges have been recorded throughout the entire country. These are not all patients waiting for a long-term care bed. Some are waiting to get the bed of their choice. For example, a person may choose a particular bed in a particular nursing home and it may not be ready. Such a person may not move for a given period. Others may be waiting to attend rehabilitation and in these cases it would not necessarily be long-term care. A small proportion are waiting to be discharged while they have occupational aids or supports fitted in their homes or adapted for their homes. A small number, perhaps 13, are waiting for home help or home care services. These are the most recent figures available. Some are waiting for long-term care, but they may not have submitted all the forms. There may be legal issues in getting some of their relatives to sign certain parts of the forms.

By and large, we have checked the position and I can send the committee a report on it. Processing of fair deal scheme accommodation requests takes place in a four week period. No doubt, there were backlogs previously, but they have since subsided. Sometimes patients have been reported as being in hospital and ready for discharge. In such cases we have sent people in, but either they were not ready to go, they had not submitted their forms or they were forming the view that they would not like to be given a long-term care bed. It is not entirely a case of there being a backlog while waiting for fair deal scheme beds.

What is the position of hospitals that are high on the list and with a high number of beds being taken up by patients subject to delayed discharge? Does a HSE team work directly with these hospitals to assist them? From what the delegation has stated, delays result from a patient waiting for a bed of his or her choice, waiting for rehabilitation care or while his or her home is being adapted. Who works with the hospitals?

Ms Laverne McGuinness

There is an interface between the hospital and the community which includes a social worker and a discharge co-ordinator. The hospitals make direct contact with the various nursing homes and inquire as to whether they have beds available. For example, there is an issue in north County Dublin where patients are waiting for beds that have been cleared under the fair deal scheme. These patients are waiting on beds to become vacant on the north side of the city.

Let us suppose a hospital lost 100 bed days per week. Would that be deemed high?

Ms Laverne McGuinness

It would be very high. I have a list that I can forward to the Chairman. We have published the figures for delayed discharges on a hospital by hospital basis.

I referred to the HSE's figures taken from a recent release. They struck me as being particularly high.

Ms Laverne McGuinness

They are lower than they were previously. At one stage there were 975, but the number is down to 664. I am suggesting it is not about the processing side of the fair deal scheme. That is not the primary reason for there being delayed discharges. Some are waiting for rehabilitation care beds. In the service plan for this year some of the money categorised as fair deal scheme money will be used for short-term care services, which will aid and assist us. This initiative involves patients attending for rehabilitation and convalescence, as it was known previously, for a short period of six to eight weeks rather than proceeding directly to long-term care. They may not need such care as a result. That programme is under way under our clinical director, Dr. Barry White, and will be implemented in the months between the autumn and the end of the year. Certainly, this will assist in removing some of the blockages in hospitals.

Can we have that information?

Ms Laverne McGuinness

Of course.

I welcome Mr. Magee and the rest of the deputation. I will begin on a complimentary note. I echo the point made by Deputy Sean Fleming on the recent report which described a litany of tragedies at a time when the country was awash with money. There was an unflinching nature to the report in detailing what had occurred and it does credit to those involved and the HSE. I add my compliments to those of Deputy Sean Fleming.

I have been struck by the increased quantity of information the HSE is sending to us. In some reports it has provided a more up-to-date perspective which was not been the case heretofore with State agencies. I acknowledge and welcome this move by the HSE.

I wish to focus on three areas. One issue not touched on to date relates to some of the points made by a former colleague of the deputation, Mr. Sean McGrath, who finished up with the HSE and I understand went on to become human resources director of the World Bank. The nature of the roles undertaken by the deputation is highlighted by the fact that he became a director in an organisation such as the World Bank. He had some interesting things to say about the way consultants operated in the hospital service and their levels of pay. Two points struck me about the interview he gave in The Irish Times last March. He said that overall, we have up to 500 consultants now earning in excess of €200,000. How many consultants are earning in excess of €200,000?

Mr. Cathal Magee

The number is 500.

Approximately €100 million is going to 500 people. He also made the point that some hospital consultants are able to complete their 37 hour commitment to public hospitals by Wednesday lunch time and then to devote the remainder of the week to their private practice while receiving additional allowances for being on call while doing their private practice, I assume. What is this allowance?

Mr. Cathal Magee

A consultant contract was negotiated a number of years ago after three or four years of protracted discussions. This is quite an extensive contractual document which sets out the terms of engagement and the conditions of employment, pay rates and allowances to govern the consultant relationship with both the statutory hospital and it also covers private hospitals.

There are a number of different types of contract. Type B contract allows for a limited private practice where 20% of the consultant's time can be devoted to private practice. Type C contract allows for a consultant to engage in private practice on a multi-site basis outside his or her individual hospital. Type C contracts and their former B star contract, which was people who did not opt-in to new contracts, provide the opportunity for consultants to provide a public service in a hospital and also to have a private service and a private service in other locations, in other private facilities.

The existing contractual arrangements, the range of different types of consultant contracts and the terms and conditions associated with all those contracts, are all approved, published and available. I am not sure of the name of the precise contract to which the Deputy refers.

In the current phase arising out of public discussions on the issue of how to deliver savings, under the Croke Park agreement we have tabled with the Hospital Consultants Association quite a significant set of proposals which are to do with reducing costs and making hospitals more operationally effective, particularly with the consultants who are key decision-makers. Those proposals have been tabled and some initial discussions have taken place. These are the response from both the HSE and the Department to try to deal with first, the challenges in funding and the challenges in transforming our hospitals to being more operationally effective and second, the challenge of trying to deal with the issue of coverage on both a five-day and a seven-day basis.

I refer to a book by Professor Brendan Drumm, who devotes an entire chapter to the consultants' contract, which I read with interest. The figures provided by Mr. McGrath in his interview are just a very stark illustration of how much money some people are still being paid. I understand the level of service they are providing and I understand how we hope to migrate the health service towards consultant-led health care delivery and the role of clinical directors. The interview revealed that hospital consultants have more than 100 salary rates based on various contracts and ranging from €130,000 to €185,000. Very generous allowances are also paid. Clinical directors receive €46,000 in allowances and on-call call-out and continuing medical education programmes. Mr. Magee has said that 500 consultants earn in excess of €200,000 and Mr. McGrath stated that some of them are earning in excess of €250,000. This is just the money they receive from the taxpayer because on top of that, they have their earnings from private practice. I am sure Mr. Magee and his colleagues work a lot more than 37 hours a week. I think many people in this room-----

Ms Laverne McGuinness

Part-timers.

-----would aspire to work such hours. I am trying to reconcile this reality.

I looked up the pay rates for consultants in the NHS for this year. The Threshold 1 contract starts at £74,000. Threshold 8 is the highest tier and it pays £100,000. The NHS also has clinical excellence awards for consultants which at level one start at £2,957 and a platinum award is £75,000. I can only assume that not all consultants in the NHS are on Tier 8 and have received platinum recognition. If they were, it would amount to £175,000 which is still less even when exchange rates are factored. Either way it is still less than what 500 people earn as consultants in our health system. We are trying to get the country out of bankruptcy. I ask Mr. Magee to correct me if I am mistaken in the figures but it seems surreal that such salaries are being earned for this kind of working week. It appears extravagant when compared with the NHS.

Mr. Cathal Magee

The figures are the negotiated contracted rates. There has been commentary about the international benchmarks. The pay expenditure over the various categories such as medical and dental, are 18% of the HSE's total pay costs and probably represents about 9% of our workforce. Everyone would agree that our health system is very well served by the quality of clinicians and we have been able to attract back into Ireland clinicians who have trained and worked abroad. There is general acknowledgement that the capability in our clinical system is very good, relative to other systems.

Clinicians are very important in managing our health service. They need to step up and to take responsibility for the management of the services they deliver. I refer to the importance of the evolution of clinical directors, the development of clinical programmes, the blueprinting of how services should be delivered. The health system is essentially a clinical service and for too long in our Irish health system our clinicians have not been taking management and leadership roles. The work done by Brendan Drumm, which has continued in recent years, is beginning to transform this system. Clinicians are taking responsibility and ownership and there has been an emergence of a management and leadership cadre within the consultant community which is very important. They are attracting increased allowances and payments because of this.

The Minister has led on the trade-off between the costs and the rates of pay and the productivity and transformational impact. We are at a critical juncture in this very important debate in that there is an expectation that the consultant community and the hospital consultant association will step up and engage with the agenda which would have significant benefits for the overall operational effectiveness, including costs, of our hospital system. We are dealing with very complex contracts, various types of consultant relationships and an agenda for change. There are choices to be made in all of this and, in that context, discussions between the Minister, the Department, the Health Service Executive and the representative associations are critical.

Absolutely. I acknowledge what Mr. Magee has done in recognising the need to change elements of these arrangements. The Minister has expressed the same view. Mr. Magee said that choices must be made, but we are rapidly getting to a point where there will be very stark choices indeed in terms of the services that are provided and how they are funded. We will not be able to do both and whatever decisions are made will have a significant impact on large numbers of people. More is required than for the consultant community to step up to the mark on this. As important as their work is, the reality is that the country is bankrupt. We cannot hope to restore solvency in a situation where people are being paid €200,000 for a 37-hour working week.

Mr. Cathal Magee

It is important to note that many consultants and clinicians within the system work far in excess of the required hours. I am not saying that is universally the case, but there are categories of consultants and individuals across the health system who work 50, 60 or 70 hours per week. However, I agree with the Deputy regarding the contracted hours. If an individual chooses to work only the contracted hours, that is his or her prerogative.

The difficulty is that one could say about any profession which is paid for by the taxpayer that there are people who work the average hours and those who work far in excess of them. That is the case in any walk of life, including political life. Our objective must be to reach a point where any consultant or politician, for example, who is paid more than his or her counterparts in other countries is only in that position because he or she is demonstrably working harder or working better. Any situation where pay differences are justified by anything less than performance must be tackled. Otherwise it is service users who will suffer, particularly those who are less well represented within the system.

Mr. Cathal Magee

The Deputy makes a valid point. In terms of consultants' working week, a standardisation of working hours across the public system would have huge benefits and create huge additional capability within the health service. An increase in the standard working week to 39 hours, for instance, would be the equivalent of adding 5,000 to 6,000 man years to our service. It is of that order of magnitude, although it must be moderated by the reality that many people already work significantly in excess of the standard working week.

It should be borne in mind that some 10,500 staff have left the health service since the peak in 2007, which includes 3,500 nurses, yet we have not reduced patient numbers and therapies continue to grow. In other words, despite the reductions in staff numbers, we are able to continue to deliver the services because of the commitment and flexibility of the people who work in the system and the additional effort and hours they are putting in. It is very difficult to make a judgment in terms of what is contracted as opposed to what people actually deliver. An individual can choose to do the contracted work, but many will go way beyond that.

Mr. Magee has already made that point and I accept it. However, we could say the same about teachers, to use just one example. It is a matter of germane consideration to me that there will be 158 Deputies in the next Dáil as opposed to 166.

I hope we all will be part of that number.

When the Garda Commissioner attended a meeting of the committee, he made the same point. Mr. Magee has agreed that there are very significant choices to be made. The difference between what is prevalent in Britain's national health service, based on the figures I have seen, and what is being paid out in this country is extraordinary. If we do not tackle this issue, the capacity to treat patients will be reduced.

Mr. Cathal Magee

If one looks at the funding challenges in the current year and at the outlook, one can see there are choices to be made if we are to protect the volume and range of services we provide.

Yes.

I will turn now to three points that were raised in the report. Chapter 47.6 refers to the relationship between the HSE core, so to speak, and the voluntary hospitals it works with, of which I understand there are 16.

Mr. Cathal Magee

Yes.

The HSE provided €1.9 billion in 2010 to those hospitals. It is interesting that some of the difficulties the report referred to in terms of governance arrangements relate specifically to the administration of that funding. For example, the HSE has a system in place called HealthStat which allows it to track outcomes across different areas. The report points out, in paragraph 47.6, that only seven of the 16 voluntary hospitals report to this system and goes on to say that results for resource utilisation were not compiled in respect of the remaining nine hospitals. The recent report on Tallaght hospital focused on issues regarding the signing off of contracts and the relationship between these hospitals and the HSE. To what degree is this recognised as a significant challenge that must be addressed and what steps are being taken in that regard?

Mr. Cathal Magee

It is an important part of our agenda and arises from the issues that emerged in the Health Information and Quality Authority report on Tallaght hospital. As far back as 2005, the Comptroller and Auditor General raised the issue of the governance arrangements with what we call section 38 and section 39 providers. In total, there are more than 2,500 separate agencies which operate 4,000 funding arrangements to the value of €3.4 billion.

Will Mr. Magee confirm that he referred to 2,500 separate agencies?

Mr. Cathal Magee

Yes. They are funded under sections 38 and 39 and, as such, are not under the direct control and management as applicable under the statutory system. In recent years we have initiated a range of service level agreements, including with the voluntary hospitals that are a very significant element of our health service. It is a very formalised process under which we develop, every year, the compliance requirements in terms of pay rates, reporting and so on. Governance is improving, but the governance of our voluntary hospital system is something HIQA has opined on and, as such, it will be a key policy issue to be worked through in the next phase. The service level agreements are formally in place. This is the kind of instrument of management and control of the voluntary hospital system used. However, the voluntary hospitals are statutorily independent and, therefore, the relationship is very different.

Mr. Magee referred to improving existing arrangements. Has the process in this regard been rolled out across all 16 hospitals?

Mr. Cathal Magee

Yes. There are formal service level agreements in place with all of the hospitals. We developed these agreements, particularly arising from the outcome of the HIQA review in Tallaght. We have, for example, included the right for the HSE to seek a management letter from the auditor on the audited accounts. We have also introduced a change with regard to the hospitals' obligations under EU procurement legislation. Furthermore, we introduced changes to ensure collaboration between hospitals and the HSE in procurement. There has been a big issue in that regard. We have inserted a clause which requires that the recruitment of all NCHDs not filling approved posts be carried out through the HSE's national recruitment service. We have also included a new clause which precludes the payment of salaries outside public sector norms. There is a further clause which ensures hospitals do not employ people who availed of the 2010 exit schemes. We have put in place service arrangement schedules to ensure a more integrated management framework for our relationship with these services.

That is the mechanism, but it still does not subscribe to the model HIQA recommended in the Tallaght report in respect of what are the control and governance arrangements for these institutions. Much good work has been done in respect of section 38 providers. Section 39 providers, grant-aided institutions or agencies operating in the disability and other sectors, are at another stage of development. There is a great deal of work to be done to develop the governance and control and management arrangements relating to these providers. In my comments in the annual report for 2010 I stated that, as Accounting Officer, I was not satisfied that there were adequate governance arrangements in place to allow us to be accountable - in the way the State and the taxpayer would want - for the spend of €3.4 billion in this area. That will be a major agenda in the next phase.

I return to my initial point on consultants' levels of pay. Mr. Magee has stated there is a real need to engage on this matter. Comparisons with the levels of pay which apply elsewhere are extremely important in any consideration of this matter. Over €100 million is being paid to 500 people. I understand the importance of these individuals within the health care system. However, as Mr. Magee indicated, we have very big choices to make.

Before I call Deputy McDonald, I wish to ask a number of questions. The voluntary hospitals are of concern to the committee in the context of the levels of pay that apply. We have agreed to bring before us representatives of the sector in the course of our work in order that we might consider all of the aspects involved. In response to Deputy Paschal Donohoe, Mr. Magee referred to the type of governance arrangements he would like to see being put in place in these hospitals. He then indicated that he would like these to be extended to voluntary organisations beyond these institutions which the HSE funds. What arrangements are in place for the governance of these organisations and how they spend the moneys allocated to them by the HSE? Do they audit their own accounts? Does the HSE receive copies of these accounts and, if so, what happens thereafter?

Mr. Cathal Magee

I ask Mr. Lyons to comment on that matter.

Mr. Declan Lyons

We receive copies of the accounts of the large voluntary organisations that we fund. We compare these with the grants provided in a given year in order to ensure they are declaring this information. The first thing we do is to ensure they have clean audit certificates because this tends to indicate that we should not have to take further action. The €3.4 billion spend relates to 2,500 agencies and we have service arrangements in place at different levels for the smaller ones. Such arrangements are put in place locally. The larger hospitals and the primary, community and continuing care, PCCC, institutions we fund - some of the latter are robust and large-----

To what institutions is Mr. Lyons referring in this regard?

Mr. Declan Lyons

The community care voluntary organisations, St. John of God's, etc., which come in under the community services aspect. We have full service level agreements with these organisations which are signed each year.

Where the HSE comes across pay arrangements for the CEOs of these organisations which are out of line with Government policy or which might be considered to be excessive - I refer to expenses, travel arrangements or cars - what is the position? Is it able to intervene in such cases?

Mr. Declan Lyons

In the first instance, the service level agreements are signed off and they specifically state we will fund them on a public service pay scale basis. We receive reports from them each month on their income and expenditure. We do not receive detailed information on expenditure. In other words, we do not receive reports which indicate who was paid what on a monthly basis in a particular hospital or agency.

Does Rehab come under that arrangement?

Mr. Declan Lyons

No, we do not receive an IMR from Rehab. We pay it a grant as part of a local service arrangement. We do not consolidate it into our own reports.

How much money is paid to it each year?

Mr. Declan Lyons

I will have to come back to the Chairman on that matter. I do not have the figure with me.

Is it €42 million?

Mr. Declan Lyons

I imagine it would be in the region of that amount.

If we take said organisation as an example, there is a significant amount of money involved. I would have imagined that the HSE would examine the accounts of Rehab and similar organisations in a very particular way. While the HSE may not receive accounts from such organisations on a monthly or yearly basis, the print media have certainly published reports on how much the various CEOs are paid and the other arrangements they have in place in respect of salaries, cars, etc. Given that it pays Rehab €42 million, I would have expected the HSE to have in its possession all of the details outlined in the media and that it would be insisting on bringing the organisation and others like it into line with Government policy. Is that not the case?

Mr. Declan Lyons

In so far as we can. When we examine the Rehab accounts, they encompass many other services that we do not fund. When we put a service arrangement in place with it, Rehab is to deliver a certain level of service for us. We itemise pay and non-pay costs and agree the grant for the year with it. We then monitor matters to ensure we are obtaining the services outlined in the service agreement.

With funding of €42 million, where does Rehab come in the pecking order?

Mr. Declan Lyons

It would be significant.

Therefore, am I wrong in my expectation that there should be greater intervention with a significant organisation of this nature? I am not picking on Rehab, I am merely using it as an example in the light of recent media reports. Previously, Mr. Magee had an exchange with members on the cost of consultants at €200,000 each. Some of the CEOs of the organisations in question are in receipt of salaries of €234,000. These individuals also receive expenses and a car. I would have thought the HSE would have been engaging heavily with these organisations in order to ensure the salaries paid to their CEOs reflected what was happening in the public sector. If we are all affected by current events and if the people concerned are leading large organisations that are responsible for significant aspects of services being delivered within communities, said organisations should comply with Government policy.

Mr. Cathal Magee

What my colleague was referring to was the fact that some of these organisations had other sources of funds and were engaged in other activities which were not publicly funded. That is true of the acute hospital system and other services. Sometimes, therefore, they claim that the approved salaries being paid are in accordance with the approved scales in publicly funded services. However, these organisations can have other funds and be providing other services. On foot of the issues that have come to my attention, I have asked Dr. Geraldine Smith to lead a forensic audit of the remuneration relating to section 38 providers.

Arising out of the issues that have emerged and come to my attention, I have asked Dr. Geraldine Smith to lead a forensic audit of section 38 remuneration. We may have to move on to section 39, which has quite a large agenda, later. I have asked Dr. Smith to look at senior management remuneration and privately and publicly funded elements. I am not sure whether we will get compliance with disclosures around privately funded elements but we are asking for information on all benefits paid and any contributions to pension funds. We will also ask in the audit for information on the extent to which any prior approvals existed on a board, a department, the HSE or communications to that effect and look at all the issues related to remuneration and protocols in agencies that are largely funded by the State. We need to do a root and branch analysis, examine the findings of that and determine how we will move forward and what are the policy or approval implications. It is a piece a work. It will take probably three months to do it properly, to make sure that we get full disclosure and that we establish the protocols associated with those arrangements. That is not to say there is a major problem but arising out of the HIQA report certain issues came to our attention which we need to audit across all the voluntary hospitals and all the services that are covered by that.

I do not want to delay on this but I want to explain my position. Mr. Magee's organisation spends approximately €14 billion. On an issue such as this one, where an organisation gets €42 million of that allocation, I would have thought there would have been a mechanism in place that provided for engaging with that organisation in regard to its audit and that Mr. Magee would know what percentage of its activity or spending is covered by the €42 million, therefore, enabling Mr. Magee to know what kind of muscle he had in bringing an organisation such as that one to account. I am not saying there is anything wrong, I am just reflecting, as previous Deputies did, on the cost of salaries and everything else because taxpayers are looking at these various organisations, at what we do, and at what the HSE does. As this is the Committee of Public Accounts I would like to get some comfort from Mr. Magee and the HSE that Mr. Magee is in control of this and that he is aware of where that money goes in terms of the end user. In this instance, I find it difficult to accept that while there is now a plan for the future in regard to how Mr. Magee will engage with these organisations, there does not seem to have been any plan in place in the past or if there was, it was sketchy. That is not good enough for an organisation like Mr. Magee's that spent €94 million from 2005 to 2011 on general consultancy of one kind or another, and included in that list is management consultants and IT consultants of one kind or another.

The HSE took over from the health boards in 2005 and it went on from there. In that period €94 million was spent and the HSE still has not got to grips with its total spend in the context of what we are talking about. I find that hard to grasp. In regard to these reports Mr. Magee talks about the spending of significant money for the future in terms of IT, or that because the HSE inherited systems from a number of different health boards from 2005, one computer system did not talk to the other. I have heard this before. How long more will we have to listen to it? Having been a member of the PAC, previously a trend emerges and in this instance the trend seems to be that vast amounts of money are being spent on management systems, consultancies of one kind or another, yet we do not seem to have a grip of the total management of the funds going to the HSE. I recognise the good work Mr. Magee is doing but in terms of the odd matters that come before us, of which there is quite a number, as in the case of expenditure of €42 million, getting answers amounts to a significant issue.

Mr. Cathal Magee

First, in regard to consultancy, we shared the full list, and it was not only consultancy but external providers and professional services. We published the full list for 2011. We have dramatically reduced our discretionary spending on these areas and brought in very significant controls. As an Accounting Officer, I have commented in our control assurance statement and annual accounts. I would agree that the governance arrangements in place around sections 38 and 39 funding are not adequate for me as an Accounting Officer to satisfy the State that we are satisfied about the manner in which all those funds have been discharged. This issue was raised by the Comptroller and Auditor General in 2005. Much progress has been made in building service level agreements.

In regard to section 39, I have spoken to many people about putting a panel of auditors together to deal with audits outside our statutory system because they are not subject to audit by us on a regular or programmatic pattern and that may be required. It is timely to take stock and to take a review. HIQA has made recommendations in terms of governance. We have to strengthen our service level agreements and to get this sorted from a remuneration point of view and from other governance points of view. It is an area that should be a priority for attention in terms of governance, financial control and management of and accountability for State funds.

We took stock in 2005 and the Comptroller and Auditor General highlighted the issue generally and now seven years on from that while we might have made progress we still do not have a complete package of governance in terms of those organisations. That is the problem with the management of the HSE, namely, it takes so long to deliver on these issues. We will end up some day measuring how much taxpayers' money was lost in those seven years because we may have come across poor governance issues, poor spending, poor efficiencies and so on. At a time when the country is in difficulty, had these issues been in place, we might be a little more comfortable looking over our shoulder and saying we have that sorted. I urge Mr. Magee to put in place the necessary management within the HSE to ensure that he can answer questions such as this on the €42 million expenditure or about ensuring people comply in regard to the salary levels. From listening to what Mr. Magee has said this morning, I fully appreciate the range of issues with which he and his staff have to deal but fundamental to all of that is that what gets counted gets done. There is a good deal of counting to be done in regard to those organisations to bring them into line and I urge the Mr. Magee to do that as quickly as possible.

Mr. Magee and his colleagues are welcome before the committee again. On the issue of consultants, Deputy Donohoe highlighted the differential in pay between here and the British NHS but what he did not say is that the gulf between payments is wider because those working for the NHS work for it and do not double-job and enjoy a private practice. I appreciate that the matter of the contract is a matter for Government and for the Minister. Unless I am mistaken, the Minister, Deputy Reilly, in a former incarnation, had some hand in its negotiation. Is it Mr. Magee's view that the payments in excess of €200,000 to those 500 consultants are excessive?

Mr. Cathal Magee

As chief executive of the HSE all I can say is that they are in accordance with the contractual agreements that have been put in place with the consultants and their representative associations. They are of a formal contractual nature.

I appreciate that.

Mr. Cathal Magee

The view Deputy McDonald takes is largely a policy issue.

Mr. Magee is in charge of the HSE. He is obviously a very accomplished man and he has an accomplished team around him. I am sure he must have a view about such a level of payment. Whether he is willing to share it with us is a different matter. He said that he has made proposals to the Irish Hospital Consultants Association. What is the channel for that communication?

Mr. Cathal Magee

It is direct formal negotiations under the Croke Park agreement and the normal industrial relations collective bargaining arrangements.

Are those proposals in respect of the working week?

Mr. Cathal Magee

They are a range of proposals set out to bring about increased flexibility and cover. It is significantly about having senior decision makers, namely, the consultants on site on a seven-day basis and also aligning themselves with the requirements of some of the change programmes within the clinical programmes that are outlined. It is a significant agenda. It does not address the issue of pay or the rates of pay.

When was this proposal tabled?

Mr. Cathal Magee

There have been discussions taking place over the past 12 months but a fairly significant set of proposals were put to the Irish Hospital Consultants Association about five to six weeks ago.

Has Mr. Magee had any reaction from the Irish Hospital Consultants Association? What is its demeanour on those matters?

Mr. Cathal Magee

It is a slow process so far.

Given the extent to which the Irish Hospital Consultants Association hardballed the consultants contract I suspect Mr. Magee has his work cut out for him.

Mr. Cathal Magee

If one looks at the context, a huge part of the cost of operating a hospital is pay costs. It is 70% in the acute hospital system. Therefore, if we are to protect our services and deal with the increasing demands that are emerging in the health system, and we have less funds then we need to get either significantly increased productivity, whether it be extra hours, extra effort or flexibility, or we need to reduce labour unit costs. The maths of it is pretty straightforward. If we can, for example, generate significant increased productivity and cover then it would allow the system to deal with the increased demands that are being placed on the health system with a flat or reducing resource base. If that does not emerge and the funding realities we face continue, then one must address labour unit costs in all shapes.

Including the consultants.

Mr. Cathal Magee

A total of 18% of our cost base is medical and dental, which is substantial and therefore it cannot be excluded.

I am working on the supposition that the hospital consultants realise that. Those realities are not alien to them.

Mr. Cathal Magee

I expressed the view that the attitude of the individual clinician to our health system and the attitude of the associations who represent clinicians are very different. The work clinicians do in the health system is first class. The flexibility available on an individual level is significant. The progress we are making in our clinical programmes and clinicians taking leadership and decision making roles in the health system is important and that is happening. The Irish Hospital Consultants Association, as a representative organisation and the negotiating agent must step up to the plate and give leadership to the change agenda. Every other union has done so. The consultant community at an individual level recognise the realities and are supportive but that does not necessarily emerge at the negotiating table. That is what must change.

Anybody who has interfaced with the system at any level could not but be struck by the capacity of clinicians and their commitment to their patients and to the service. I do not want to give the impression that I am questioning any of that but it is important that as members of the Committee of Public Accounts, given that substantive proposals to which we are not privy have been tabled and given the fact that there is an indefensible excess in respect of the payment to a significant cohort of consultants that the message from the committee is that we expect a full engagement with the proposals as tabled and we expect to see some kind of result. I am conscious of the fact that Mr. Magee is in the middle of an industrial relations negotiation but on behalf of taxpayers and the people I represent I wish to say clearly and categorically to the 500 consultants in receipt of in excess of €200,000, who also have a private practice, that it is not a tenable proposition in a situation where the State is insolvent. I say that with the greatest of respect for their medical expertise and professional commitment but there is a financial reality and it must be faced up to by all, including consultants.

More broadly, in respect of the issue of pay across the system I wish to inquire about top-up payments. We have focused on the consultants and I wish to broaden the discussion. HIQA reported that in Tallaght Hospital, which has already been mentioned, that sizeable top-up payments were made to senior managers in addition to their basic salaries. In one particular case a staff member was in receipt of an additional €150,000. Could Mr. Magee identify how widespread is the phenomenon of top-up payments across the system and what it is costing?

Mr. Cathal Magee

On Tallaght, following the findings of the HIQA report a significant audit process is taking place within the hospital by the audit committee, with the help of external consultants, to outline the exact origin, arrangements and authorities within Tallaght on the payments. As I outlined to the Chairman, I have asked Dr. Geraldine Smith to conduct a forensic audit of the arrangements in place across all our section 38 hospitals. That is under way and should be completed within the next three months to identify any situations where allowances, benefits, pension fund contributions and remuneration outside of the approved scales are in place, including whether separate payroll systems in place of which we are not aware. We will also look at the interfaces with the HSE in any circumstances where there was awareness of those payments or the existence of different arrangements.

I cannot comment at this stage on the extent of such payments. I know many institutions are fully compliant. There will be cases, such as in Tallaght, that are already in the public domain where arrangements have been put in place. We will get to the bottom of that in the next three months. Our service level agreements require that payments are in accordance with approved scales. That is the contractual requirement. People are in breach of contract of the service level agreement if-----

Are those top-up arrangements in breach?

Mr. Cathal Magee

Yes, if they are not approved.

I infer from Mr. Magee's answer that some cases have been mentioned in the media. I mentioned the Tallaght case but the suspicion must be that it is not an isolated incident and that is without casting an aspersion on anyone.

Mr. Cathal Magee

To add to my comments, it is also the case that maybe certain arrangements have been approved by the Department or at some point. Does the Deputy follow? We are talking about arrangements that are unapproved in any situation and that are not in accordance with scales.

Mr. Magee indicated earlier the work on that audit will take place over a period of three months.

Mr. Cathal Magee

The output of that will be available to this committee, but we would hope that that work will be complete by September.

There was also a report on St. James's Hospital, the largest hospital in the State, regarding senior executives getting additional allowances and so on and, to my surprise, holding down outside part-time positions. In one case it was part-time lecturing posts at Trinity College, and attracting a salary for that. What is the Health Service Executive's position in respect of that phenomenon of double jobbing? Is it a widespread practice? Is it acceptable in Mr. Magee's view?

Mr. Cathal Magee

I would prefer not to comment on any individual hospital or individual circumstance but those arrangements will come within the terms of the audit review to establish exactly what is in place. Therefore, I would not go beyond commenting that that is something which will form part of the review of arrangements which exist outside the requirement of the approved salary scale and the approved role and to what extent those arrangements are approved both within the hospital or have been approved by either the HSE or the Department at any point in time.

The audit will be fairly comprehensive. It will be basic pay, top-ups and all of the bells and whistles including additional income streams.

Mr. Cathal Magee

Yes. To bring confidence to the system and to make sure that we are fair to the individuals, the hospitals and also from a governance point of view, we have to take a root and branch complete analysis of this and then decide, if issues or anomalies emerge, how they are best dealt with and how we will move forward. This is a piece of work, and I have asked our HR director to put a unit in place to lead on the proper consolidation of all this data across our health system.

Mr. Magee was asked earlier about the hiring of retired staff and he made clear in his additional information that where retired staff are taken back in their pensions are abated. Can Mr. Magee state in simple terms for the committee what that pension abatement means?

Mr. Cathal Magee

Yes. The intent of the regulations, and I am not completely au fait with them, is that if one comes back in to work as a retired staff member one cannot earn more than one’s original remuneration between one’s pension and the services one is then being paid for. If, say, one is on a full pension, a 50% pension, one could not be paid more than the balance of the 50% or could not be engaged beyond that. When I looked at a lot of these examples, people are employed for two and a half days. That is the maximum, which is up to the limit of payment. Does the Deputy follow?

I would say two things on that. Many of these arrangements work quite well for the service in that they are local people who know and can fill in for somebody who is on holidays, and particularly where one has to distribute out into remote locations, not necessarily just in the city. There has been a functional use, and we set out in our commentary part of the rationale. Some of them were very short cover, but as a matter of policy going forward we have to exit this arrangement. It is subject to question. There are high levels of unemployment. We have a lot of people coming through on our training programmes who are looking for work. It is down now to fewer than 300 and we will seek to exit that completely, but the payment arrangements would be in order.

I wanted to record that the abatement arrangement, as Mr. Magee states, is a control mechanism to make sure one is not on a pension and then back in work with a full second salary.

Mr. Magee told us earlier that his budget for this year for agency staff is €200 million. Will he confirm that? He was asked and, I understand has undertaken, to establish the number of agency staff who are former employees or retired employees of the HSE. I assume that is known within the system but that perhaps the data has not been pulled together. In the case of a retired HSE worker who comes back in as an agency worker, what is the position in terms of abatement in those circumstances? Does it apply?

Mr. Cathal Magee

I might ask Ms McGuinness to cover that. I do not think there is any abatement because they are not recognised. They are not employed by the HSE. They are employed by the agency.

By the contracting-----

Mr. Cathal Magee

That is right, so-----

Is that the case, Ms McGuinness?

Ms Laverne McGuinness

That is my understanding.

Mr. Cathal Magee

-----in any of those cases that is not the case.

Does Mr. Magee agree that potentially this is a big problem in that a large number of people have exited the system? I emphasise that people are legitimately taking retirement. There is also huge demand within the system for agency workers, which I am against. I prefer the direct employment. It is more cost effective, particularly now with the new EU directive. Nonetheless, there is that big demand and it seems logical that at least a proportion of those who have exited from the system would find their way back in and therefore we have the scenario of people on full pension also in receipt of a salary from the HSE, albeit through a third party. An issue arises in that regard. I would like to know the extent of that. How many retired HSE personnel, in whatever guise, are now back working for the HSE through an agency? What is the cost of that? I would also like to know, given that there is not the abatement arrangement, what can be done in policy and management terms to resolve that situation.

Mr. Cathal Magee

My colleague, Ms McGuinness, commented on that earlier. We are very conscious of this. In our procurement last year around agency workers we put strict requirements on non-recruitment of staff who had retired or left under voluntary incentivised schemes and under the end of grace period. We are discouraging it. We see it as problematic and not something that we are comfortable with but finding the proper mechanism for dealing with this, other than advising our agencies, discouraging it, is an issue. I am not sure that we know the extent of it, and I think it will probably take a piece of work to establish-----

I understand Mr. Magee is anxious about it and that he discourages it, which is commendable, but if he is really that anxious about it he would be measuring it. He needs to find the mechanism to measure it because if this is happening on any kind of scale, and I have no way of being scientific about it, it raises all sorts of public policy and management issues of which we all need to be apprised.

Ms Laverne McGuinness

I will comment on that. We were very conscious of it for the current cohort of people, the 4,900, who retired under the grace period. We made contact with the various agencies to do the discouragement piece. We asked for and legally obtained advice that we cannot prohibit them going back via an agency. We would have some details in relation to them but we would not have the details on the individual employees going back previously, the 200 that are rehired, or the other employees who have gone back in through agencies. We will have to try to get that information. We do not have the central database; we just have the current data.

Can I recommend that the HSE do that work? The issue raises all sorts of questions associated with fairness and equity if, in a climate of very high unemployment, people potentially on a full pension are contracted back into the system. While I acknowledge people must earn a living, I believe this is a question of good practice and fairness. I would like to believe the HSE will take on the work and report to the committee when it is done.

The HSE was commended on the publication of the report on deaths of children in State care. That is only fair but it begs a comment to the effect that the report itself was pretty damning in some cases about the incoherence of the HSE's service and the extent to which very vulnerable children were let down. Deputy Fleming referred to giving children due recognition. In doing so, that fact must be put on the record.

Deputy McDonald, in the course of her exchange, referred to how the HSE manages its systems. Under the last Administration, an employee of the HSE worked as a consultant in the HSE during a career break. Having learned from that and the concerns expressed in regard to it, I would have believed there would be a better register of those who leave the HSE and who are rehired by it. As events such as this happen, we must pick up on them. We must exercise a little more care in respect of how they occur.

Deputy McDonald referred to allowances and the highest allowance of €186,000. Deputy Deasy raised this in his opening remarks. I do not believe the Deputies received a reply.

Mr. Cathal Magee

I am not familiar with the individual circumstances but I will contact Deputy Deasy with the details and investigate the individual cases where there were high rates.

Deputies Deasy and McDonald raised this under Vote 40, concerning general allowances. According to note 5.1, 9,500 HSE staff members received allowances in excess of €10,000 in 2010, with the maximum payment being a staggering €186,000. Deputy Deasy had other figures which he mentioned in the course of his questions. We wanted to find out how many of the 9,500 staff received given amounts and how the HSE arrived at paying an allowance of €186,000. The latter sum is at the high end. There are other figures at the high end. I would like to know why these allowances were given, but not necessarily who they were given to. I would like to know the number involved.

Mr. Cathal Magee

I will revert to the committee on that issue.

With regard to employment, we put much time and effort into the matter and are very conscious of the issues that arise. The HSE is not directly re-engaging people who have retired, unless there are exceptional circumstances. Out of 4,500 people who left at the end of the grace period, we have re-employed only 39 equivalent people.

Ms Laverne McGuinness

Down to 34.

Mr. Cathal Magee

That was for essential critical services. Those employees will be exited. We will also exit the process of recruiting retired people.

The Deputy was referring to the fact that an agency is a separate employer and provides services. Legally, under employment law and discriminative law, this is a technical area. Even though we have discouraged the practice, talked to the agency and tried to put in protocols to prevent the practice, legally we are not entitled to end it. We must find some resolution to this issue. I have discussed this matter with the HR director any number of times in the past 12 to 18 months. We are absolutely exiting the practice whereby people retire and re-enter the service in different forms. A technical issue arises as to how this can be addressed in regard to agency workers.

I am conscious that the clock is against us but I have a couple of remarks. I apologise for my late arrival. I missed the early exchanges. Some of the observations I may make might already have been covered. My first point concerns drugs costs, and I apologise if this was covered already. Could Mr. Magee indicate the overall cost incurred by the HSE in acquiring drugs? I understand drugs comprise one of the largest costs in the operation of the HSE.

Mr. Cathal Magee

We did cover it in some detail. Pharmaceuticals represent approximately 17% of our total health expenditure. Relative to the United Kingdom, the figure is about 9%. A very significant issue arises as to how we fund drugs. There are significant industry discussions under way to try to reduce significantly, in the current year, the price of drugs. We have a target of €124 million in savings. The negotiations with the industry are quite protracted.

It had been suggested to me earlier this week that the Minister had declared war on the pharmaceutical industry and wanted to secure very substantial savings for the taxpayer regarding the purchase of drugs. My information is that a deal reached in recent weeks indicates that a saving of only €10 million has been obtained for the taxpayer. By any stretch of the imagination, €10 million is a poor result by comparison with over €100 million. Would Mr. Magee like to comment on that?

Mr. Cathal Magee

There are two issues. The arrangement the Minister announced was based on the assumption that in return for Government support for continued early adoption of innovative drugs, the industry would re-engage quite quickly on the substantive issue of reducing the price of drugs across both the patented and unpatented drugs systems. The pharmaceutical industry has a strategic interest in Ireland's being an early adopter of innovative drugs given the industry base in the country. The Deputy is correct that the savings that would emerge - perhaps €20 million in a full year, or €10 million or €11 million in the current year - do not address the need to save €124 million, as required.

They bear no relationship with the Minister's original anticipated saving.

Mr. Cathal Magee

As I understand from the Minister, this was done to unlock the negotiations from the industry. Having got across the issue of releasing approvals for innovative or new drugs, it was expected the industry would return quite quickly and step up to the plate with substantive cash reductions regarding the cost of drugs for the current year. That is required. If that does not happen, we will have a huge problem.

We have an immediate problem in terms of funding our health services. The Minister is hitting in hope that something better will come down the line and that there will be a greater benefit for the Irish taxpayer and Irish jobs, as he might anticipate on foot of investment by pharmaceutical companies in Ireland. Is that the case?

Mr. Cathal Magee

One of the European industry leaders suggested there was a desire to remove the austerity countries, including Ireland, from the pools or panels that influenced pricing at European level.

The Irish market is small for the pharmaceutical companies. The Irish leaders of business may regard their revenues as very significant but, in global terms, the Irish market is small. It is a strategic market, very strategic for innovation, but small in terms of revenue. I heard the industry representatives were seeking to have Ireland and some of the other austerity countries excluded from the pools that determine price referencing across Europe. This would suggest that the unique circumstances of countries such as Ireland are being recognised.

If one goes to Greece or Spain, one will note the health service has not been funded. There have been significant debts of the order of €7 billion or €8 billion, arising in some cases from the economic collapse. We, however, have continued to pay our bills. As a matter of urgency, we need to have the issue addressed. The Minister was operating on the understanding that if he created flexibility on innovation, there would be a very significant reciprocal response. That is what is required. The saving of €10 million is nowhere near the required saving of €124 million.

That is Mr. Magee's understanding of the position and I entirely respect that. My difficulty with it is that it is entirely unenforceable. It will be up to the Minister to return to the table and make good on those commitments as he sees it. However, there is no immediate benefit for the taxpayer, considering the commitments the Minister had made previously in respect of reducing Ireland's enormous pharmaceuticals bill.

I wish to make a further remark regarding the HSE's engagement with the Irish Hospital Consultants Association, IHCA. It appears to me as though the Minister had two options. He could have decided to confront the issue of contracts, which he decided not to do. He then decided to take the alternative view that he would engage constructively with the Irish Hospital Consultants Association to address issues pertaining to flexibility and so on, as Mr. Magee noted earlier. That is all well and good. While it is not necessarily an approach I would support, it is the approach the Minister has decided to take. The critical issue is that any negotiations with the IHCA are time-limited. One wishes to avoid a scenario in which the IHCA runs down the clock and no return at all is gained from consultants with regard to work flexibilities and the sort of leadership I wish to see them take and which, in fairness, many consultants now are taking each day. Can Mr. Magee assure me that this process of negotiation will be time-limited and there is a certain expectation that there will be delivery upfront in this regard?

Mr. Cathal Magee

I note the Deputy's comments on being time-limited. The agenda is such that it will become clear very quickly whether the Irish Hospital Consultants Association has a mandate or is willing to engage seriously on these agendas. While substantive engagement is yet to take place, the proposals have been with the consultants for quite a number of weeks. It will become clear whether they will embrace that agenda and I agree there are time-limits on this issue.

I wish to ask questions of Mr. Magee regarding two points I did not get to cover previously, as I wished to give the opportunity to others to come in. Does the HSE know how much on average a medical card costs the executive? As I look at the figures before members, I note 1,916,768 such cards are in existence at present, of which a few are GP-only cards. The fees being paid to doctors in this year's budget amount to €439 million, which suggests the average fee the HSE appears to be paying GPs for a card is approximately €230. The pharmacy cost specific to medical cards is €369 million, or an average of €193 for each card. Consequently, the total, between the GP and the pharmacy, is well over €400. Can the witnesses provide a figure for accident and emergency department visits that were taken up by people with medical cards? I refer to those who did not incur the inpatient costs that a private person who goes to hospital is obliged to pay for a certain number of days. How much of that pertained to medical cardholders? What level of community nursing was covered by people with medical cards? I ask in an attempt to establish information on what is the average cost of a medical card, by which I mean the average benefit to a person who receives such a card from the HSE.

I also wish to clarify one point in the case of elderly people who leave hospital but who require further care. While it may always have been the case - perhaps the HSE's implementation of the rule has become more acute - am I correct in my understanding that the local community health nurse will not call on those who do not have medical cards? They only call on those who have medical cards and a large proportion of people are without medical cards. As I did not think this was a free service available to everyone in the community, the witnesses might provide an explanation. I will try to move this question beyond the HSE Vote. All members have been approached by people seeking medical cards, whose main reason for so doing was to get a free school bus pass, which would amount to a saving of several hundred euro for many families. Perhaps the Comptroller and Auditor General might make a mental note to try at some point to ascertain the cost of the average medical card when one adds in all the ancillary benefits beyond the scope of the HSE. Do the witnesses have to hand this type of information on medical cards?

Ms Laverne McGuinness

On average, the cost of a medical card is approximately €1,000. Obviously, this will vary, in that an older person may have a higher usage than a younger person, but on average, the cost is approximately €1,000. The HSE does not have the breakdown on-----

This tallies roughly, because the witnesses provided a figure of approximately €2.4 billion and if that is divided-----

Ms Laverne McGuinness

Yes, it is correct that it is €1,000. The issue is wider than the public health nursing service. One does not need to have a medical card for public health nurses to visit. The service, as currently defined in the legislation, is based on clinical need and consequently, the practice is that public health nurses will visit older people in their homes even if they do not have a medical card. The same applies to other services, such as home help or home care packages. They are not necessarily means-based in respect of medical cards. Moreover-----

I got the impression recently-----

Ms Laverne McGuinness

----- there is no co-payment arrangement either. Consequently, unlike the fair deal scheme, in which co-payment applied if one had an income above a certain threshold, there is no co-payment arrangement in respect of home help or home care packages. Consequently, they are not necessarily means-tested, as it is based on clinical need.

As for the 1.9 million medical cards, if one takes a couple in a house with two children, there are four separate medical cards, rather than a single card covering four people. Consequently, having a medical card is quite valuable for a household. If it costs the HSE €1,000 for each card, it is worth €1,000 to the recipient and one can understand the reason there is major demand for medical cards from a financial insurance perspective.

As for the other issue on which I wish to touch base, I seek an update from the witnesses on a subject that has come up several times previously, albeit perhaps not in the most recent couple of visits. Can the witnesses indicate how much money the HSE was owed by the private health insurance companies as of the end of last month or whenever the most recent figures are available? How much is the HSE owed by people for charges arising from accident and emergency unit visits that were not collected? How much is owed for inpatient charges? I ask how much money is owed because like everyone else, when one's budget is reduced and one approaches one's bank, one is asked whether one has collected the money owed to one. The witnesses should provide a figure regarding what it is owed in comparative terms.

Mr. Declan Lyons

The amount we were owed by private health insurance companies at the end of May was €213.5 million, of which €109.8 million is with the insurers for payment. The figure I have given to the Deputy of €213.5 million comprises our total debtors, of which €109.8 million is lodged with the insurance companies for payment.

Mr. Cathal Magee

Pending.

Mr. Declan Lyons

As for the pending figure, on which we are asking questions, it is €39.6 million.

How much is the HSE owed by people in respect of accident and emergency unit visits? I refer to cases in which the HSE gets a bill and people do not pay the inpatient charges.

Mr. Declan Lyons

I do not have to hand the figures regarding hospital accident and emergency charges but I can forward them to the Deputy.

It would be useful for the committee to have those figures and I ask that they be made available.

Does Mr. Lyons have any indication as to the scale? Is it in the hundreds of millions of euro? Has the HSE taken anyone to court for not paying for a visit to an accident and emergency unit?

Mr. Declan Lyons

No, we have a process where we go through debt collection agencies to ascertain whether we can entice people to pay. Not to my knowledge have we taken anyone to court in this regard.

Only last week, while driving to Dublin, I was listening to a radio broadcast by Paddy O'Gorman, who presents the "Queuing for a Living" series. He was outside the Four Courts, where 150 people had appeared in court for failure to pay their television licence fees. While no additional penalties were levied, An Post probably got the €150 in arrears out of the majority of the people concerned. While I do not suggest the HSE goes down that route, it is a valid question. If there is no sanction, there is no reason people should pay it if they do not feel like so doing. However, An Post, which is a State agency, appears to consider that a court appearance will secure payment and that those summonsed probably will pay up in future. It does not seek additional fines or anything like that, as no one was charged an additional fee. One literally paid what one owed. The witnesses might provide members with a breakdown of the debts involved. How much of it is more than one year, two years or three years old, respectively? Does the HSE write off any of it in its accounts?

Mr. Declan Lyons

We make provision against it and we do the write-off.

How much would the HSE normally write off for uncollected debts in its figures?

Mr. Declan Lyons

We make provision for anything more than six months old. We would write-off, certainly once they are outside the Statute of Limitations.

How much?

Mr. Declan Lyons

I will come back to the committee on that. Does the committee want figures for a particular year?

The last financial year; whatever Mr. Lyons feels is appropriate.

Mr. Declan Lyons

I will come back to the committee on that.

I hate to say it but the clear message the HSE has given us here today is that if one ignores the letters from the debt collection agency for long enough, they will go away. When the agency sends a letter entitled, "Final notice", it means a final notice because if one does not pay it, that is the end of it. That is how it sounds to me. There are probably some people who could afford to pay it if they knew there would be a sanction if they did not pay it. I have not been encouraged by what I hear. In fairness, we would be the first to complain if we felt the HSE was being excessive and telephoning debtors at 10 o'clock at night. I specifically raised all of those issues about the debt collection agency, but I would hate to think its function ends. There are persons with means who know to tear it up and that will be the end of it. Does Mr. Magee take the point?

Mr. Cathal Magee

We take the point. We will use it as an opportunity to take stock, review and come back to the committee with a report on it.

I thank Deputy Fleming.

Mr. Cathal Magee

We have some information on the individual allowance. Mr. Lyons will share that with the committee.

Mr. Declan Lyons

The top allowance paid was €186,000 to a clinical director on retirement. It was in respect of historical work days to which they are entitled under the contract.

Mr. Cathal Magee

Historical rest days.

Mr. Declan Lyons

Historical rest days.

Mr. Cathal Magee

Yes, historical rest days.

Some €186,000 worth of them.

Mr. Declan Lyons

It falls within their contract.

Let me get this right. Some €186,000 in respect of rest days. I understand it fell within the contract, but over what period?

Mr. Cathal Magee

Within the provisions of the consultant contract, they can accumulate up to 12 months.

In 12 months, for that contract.

Mr. Cathal Magee

Over the period of their career, they can accumulate rest days.

What I am asking about, to be clear about it because I am sure people will be shocked by this, is the period of time for which it accounts.

Mr. Declan Lyons

Thirty-six years in employment.

He or she was 36 years in employment-----

The Statute of Limitations, which Mr. Lyons mentioned a minute ago, applies both ways.

Mr. Declan Lyons

There is a contract.

-----and qualified within that contract for €186,000. Why were those not claimed? Is that for one person only?

Mr. Declan Lyons

It is.

Why did the HSE not insist on those days being claimed within a reasonable length of time? In the private sector, a company would be anxious to have its debts cleared or to have a person claim what he or she was entitled to within a reasonable length of time. Why was it not the case, if it is an allowance, that the person would use it or lose it?

Mr. Declan Lyons

The individual retired and was entitled to that payment. The person worked up until a particular time.

I understand that and I am sorry for pressing Mr. Lyons on it. I am merely interested in this. The person was entitled to €186,000 over the period of his or her contract, but why did he or she leave it until retirement? Did he or she not know about it?

Mr. Cathal Magee

We have not got anyone here from HR who is familiar with it. It is an established provision within the contract for them to be able to accumulate rest days up to a maximum of a year. I stand corrected on this; it is also part of the proposal we have tabled as part of the new arrangements that those arrangements are phased out and exited.

Was that €186,000 the only payment of that kind? Were there others of similar amounts that related to issues like that being resolved?

Mr. Declan Lyons

That is the top allowance paid, €186,000.

It is the top allowance. Was there one for €150,000? Was there one for €100,000?

Mr. Declan Lyons

Of that I am not sure.

Can we have a complete list within ranges stating that X amount of allowances were paid, and the total, so that we get a sense of what happens within the system?

Mr. Cathal Magee

Yes.

Mr. Seamus McCarthy

I draw Deputy Fleming's attention to note 6.2 in the Vote which provides a breakdown of write-offs. The Deputy asked about write-offs of inpatient charges.

Mr. Seamus McCarthy

The figure there is €3.4 million. The write-off of emergency department charges was €2.5 million.

When the Comptroller and Auditor General states it is in the Vote, where is that?

Mr. Seamus McCarthy

It is in the Vote, note 6, and then note 6.2 within that.

Which Vote number?

Mr. Seamus McCarthy

Vote 40 - HSE.

Has Deputy O'Donnell a question?

I have a quick general question. Does the €200 million the HSE has overspent relate to the period to the end of April?

Mr. Cathal Magee

Correct.

How often does the HSE have meetings? How often does it produce figures for the overruns? Is it monthly or weekly?

Mr. Cathal Magee

At national level, it would be looked at monthly. Ms Laverne McGuinness, who manages the integrated services, would deal with this on a continuous basis in individual hospitals and individual areas through regional directors.

Would Ms McGuinness get weekly figures?

Ms Laverne McGuinness

We would not have weekly figures because the figures are produced only on a monthly basis. We have only monthly figures but we monitor in terms of expenditure and spend on a weekly basis and how various actions have been taken to reduce costs.

Might I make a suggestion? If the HSE is €200 million in deficit and is looking at a €0.5 billion overspend by the end of the year, monthly accounts are not sufficient. There is a need for accounts on a weekly basis. Ms McGuinness is doing this on a monitoring basis, but there is a need to look at these figures on a weekly basis. This is a management issue and Mr. Magee might look at that matter. I assume the HSE's systems are sophisticated enough to produce accounts on a weekly basis.

Mr. Declan Lyons

Our systems are not sufficiently robust to do a set of accounts on a weekly basis. It is even a struggle to get them done on a monthly basis because we do not have a single system for the consolidation of approximately 56 agencies and accounting systems to produce the single HSE final number for spending deficit at the end of any month. We have approximately 57 systems to add together.

There are 57 accounting systems.

Mr. Cathal Magee

We talked about it earlier in relation to the service plan and the structural issues in the plan around assumptions on drugs, income, exits, etc., and the cost reductions and growth in activity. Of course, we need better systems and the Comptroller and Auditor General and everyone else is aware of the systems environment in the HSE. Of course, we would all want information managed on a regular basis. However, the choices and the decisions that have been emerging in our service plan in recent months, and that are evident here, do not relate to a problem of systems or managing information. We know what is driving costs. We know where the gaps are in our plan on income, on drugs, on the number of staff who exited, on the level of activity in the hospitals and on the growth in agency. As a chief executor and as an Accounting Officer, my problem is not information. While I have opined, and in my accounting statements said, that the systems environment is not fit for purpose, our finance team does a good job to put together two sets of accounts - a Vote account and an appropriation account - with the systems and processes we have. In fairness, the audit committee of the company has done Trojan work in the past to get our reporting up to the current level of quality.

At an operating level, if a hospital unit has weekly information and a procurement system to give staff visibility, that is where the requirement is probably more evident. It is at that level the real-time information is required. That is where there are gaps, and I agree with the Deputy in that regard.

I have three quick questions on my local area, Limerick. Where does the HSE stand on the mid-west trust being established to run the hospital network? Obviously, there are major ongoing issues with the accident and emergency department in terms of the lack of space and the critical care unit. Perhaps Mr. Magee would provide an update on when he expects the critical care unit will be up and running. Expansion plans for accident and emergency are being examined. The staff on the ground do great work, but there is, clearly, a capacity issue. Ms McGuinness might address the questions on the accident and emergency department and when the critical care unit will be up and running.

Ms Laverne McGuinness

On the critical care unit, there was no plan at the time to build the emergency department. That recommendation has gone through the board and will be facilitated by allowing it to form part of the capital infrastructure. The department's infrastructure is insufficient and the capacity issue has been articulated clearly in recent months. No beds are closed in Limerick regional hospital. Beds that used to be closed have been opened. The hospital is part of a group and Nenagh and Ennis hospitals are operating at maximum capacity. In fact, the mid-west region is way over capacity in terms of inpatient activity. The number of day cases has increased by 46% in Ennis and Nenagh hospitals. This high activity level is coupled with a high overspend, for example, €11 million in May for the group.

A plan for the paediatric section in the mid-regional hospital's emergency department is under consideration with the CEO. In support of this, an advocacy group has been set up to consider proposals on what infrastructure is required to deliver better quality care. There is a capacity issue.

When does Ms McGuinness expect the critical care unit to be operational?

Ms Laverne McGuinness

I do not have the exact date. As the Deputy knows, the hospital is trying to open it within existing resources. That presents a challenge. I can revert to the committee with a date.

Does Ms McGuinness expect it to open within the coming months?

Ms Laverne McGuinness

In the autumn.

Obviously, the HSE is aware of the capacity issue in the hospital's accident and emergency department. It is being examined to find a way to expand the facility.

Ms Laverne McGuinness

That work has been accelerated.

Mr. Cathal Magee

The proposal has gone through the board and been cleared. We have considered an extension of the existing contract to facilitate-----

Ms Laverne McGuinness

An accelerated development.

The building works in respect of the critical care unit could be spread to the accident and emergency department also.

Ms Laverne McGuinness

Yes.

Will the timeframe coincide with that for the opening of the critical care unit?

Ms Laverne McGuinness

I imagine that it will be ready in time for the opening of the critical care unit.

Has the decision gone through at board level?

Mr. Cathal Magee

Yes.

Did that occur recently?

Ms Laverne McGuinness

Eight weeks ago.

Mr. Cathal Magee

Two months ago.

That is welcome. I thank the witnesses.

Mr. Cathal Magee

We can send the Deputy a note with the details.

What about the hospital trust?

Mr. Cathal Magee

It is in the Minister's domain.

It is a policy matter. I thank Mr. Magee.

Does the Deputy have other questions?

Brevity is the soul of wit.

Does Mr. McCarthy have anything further to add?

Mr. Seamus McCarthy

No.

Does the committee agree to Vote 40 - Health Service Executive and to dispose of chapters 42, 45 and 47? Agreed. I thank the witnesses for attending.

The witnesses withdrew.

The committee adjourned at 2.25 p.m. until 10 a.m. on Thursday, 5 July 2012.
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