Under the terms of the consultants' contract a consultant's commitment to his or her public patients is continuous for so long as he or she is responsible for that patients' care. Within that overall commitment consultants have a scheduled commitment which reflects the periods of time during which they are expected to be physically present in the public hospital or otherwise engaged on behalf of the public hospital. In the case of a full-time commitment this equates to 11 sessions — 33 notional hours — per week. The contract allows a consultant to engage in private practice inside and outside the public hospital to the extent specified for each type of contract. The nature and extent of this practice, and the manner in which it is scheduled, is dependent on the consultant being able to demonstrate that he or she is fulfilling their commitment to the public hospital.
Where a consultant is entitled to engage in private practice within the public hospital, the consultant's overall proportion of private to public patients should reflect the ratio of public to private stay beds designated under the Health (Amendment) Act, 1991, which requires that all public hospital beds be designated public or private. Variations in the nature or extent of a consultant's work as between his or her public and private practices are subject to review by the employing hospital. The Government is committed to the maintenance of a balance between public and private practice in the Irish health service. However the right of consultants employed in the public hospital system to engage in private practice is dependent on them being able to demonstrate that this practice is not conducted to the detriment of their obligations to the public hospital system.