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Dáil
‹ Questions on Promised Legislation

Ethics conflict over HSE board role

Summary

Deputy Micheál Martin challenges the Taoiseach over Tony O'Brien's board role with Evofem and what he sees as an unacceptable conflict of interest. The Taoiseach replies that the appointment was allowed under contract because no conflict was found, while other Members interject demanding clarification and the letter.

Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

We now move to questions on promised legislation and I ask Members to focus on questions pertaining to promised legislation or the programme for Government. I call Deputy Micheál Martin.

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My question is in regard to the programme for Government and the ethics of public service and Government. I was very taken aback by the Taoiseach's response to my earlier question regarding the potential conflict of interest involved in the director general of the HSE being on the board of Evofem, a contraceptive manufacturer in the United States. Thomas Lynch, the chair of the Mater Hospital, is also chair of that company. Does the Taoiseach not get the potential conflict of interest? I do not know how Mr. O'Brien was facilitated in going on that board. Mr. Lynch is chair of the Mater Hospital and the Ireland East Hospital Group and will be putting forward projects which the Mater Hospital will want. I do not know how the director general of the HSE got on the board.

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It is not good enough.

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It is simply not reconcilable that one can be the director general of the HSE and also serve on the board of a company whose chair is also the chair of an Irish hospital. I do not understand why the Taoiseach does not get that. The Minister for Health, Deputy Harris, made a grave error in facilitating Mr. O'Brien joining that board. I have no personal issue with Mr. O'Brien but the bottom line is that if one holds the most senior position in the Irish health service, that is the person's position. If a person wants to do something else, the person should resign or retire and do something else but not do both. There is a real potential conflict of interest given the huge competition for resources between hospitals in Dublin, of which the Taoiseach is as aware as I am. A clear conflict of interest is staring the Taoiseach in the face.

Comment on this
Leo Varadkar The Taoiseach Fine Gael

The decision was made on the basis that there was no conflict of interest-----

Comment on this

How is there no conflict of interest?

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Leo Varadkar The Taoiseach Fine Gael

-----and that his contract permits the director general to serve on boards if there is no conflict of interest. The relevant paragraph of the letter permitting him to join that board states that approval in principle was conveyed by the Minister for Health on 6 June 2017 on the basis that the business, Evofem, is based outside the State and is neither competitive with nor engaging in any business with the HSE------

Comment on this

Can we see the letter?

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Leo Varadkar The Taoiseach Fine Gael

-----that normal director fees would be payable; and that the functions would be performed in his own time without any detriment to his work as director general of the HSE.

Comment on this

What about Thomas Lynch?

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Is that the only other job Mr. O'Brien has?

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