State Bodies, including the HSE, are required to have regard to, and to implement Government policy on pay and related matters.
In accordance with the One Person One Salary (OPOS) principle, serving public servants require the consent of the Department of Public Expenditure and Reform in order to undertake other forms of paid remuneration in any part of the public service. In this context it should also be noted that public servants and public sector employees (with the exception of certain worker directors), who sit on state boards in an ex officio capacity or on behalf of their parent Department/organisation or who may be nominated to such boards independently of their public service employment, should not be paid remuneration in the form of board fees when serving in such a representational capacity.
In May 2017, Mr Tony O’Brien sought my consent within the terms of his contract of employment as Director General of the HSE to accept an appointment as a non-Executive Director of a commercial business. The Director General advised that the business was based outside the State, concerned with research and development and was not engaged in business with the HSE. On the 7th of December, Mr O'Brien advised that the company in question was Evofem Biosciences Inc. based in San Diego, California which focuses on women's healthcare. As Evofem Biosciences Inc. is not part of the Irish public service, the OPOS principle did not apply in this instance.