Top-level policy advisers brought in to the Health Service Executive (HSE) last year from the private sector, on part-time contracts worth up to €200,000 a year, are not covered by official State ethics legislation, The Irish Timeshas learned.
In a statement the HSE said the advisers to chief executive Prof Brendan Drumm were "not obliged to make declarations under the current ethics provisions".
It is understood they are considered exempt from the provisions of the ethics legislation on the basis that they hold contracts awarded following a public tendering process.
Ministerial advisers, who serve as unestablished civil servants for a temporary period, as well as civil and public servants above a certain level, are obliged to make declarations of any interests that either they, or their spouse, could have which could materially influence the person in or in relation to the performance of the functions of the position.
The Opposition has strongly criticised the exemption of HSE advisers from the provisions of the ethics legislation and has said it will call on the Taoiseach to make a statement on the issue in the new year.
A spokesman for the Minister for Health Mary Harney said that it would expect all advisers to adhere to the well-established ethics provisions set down by the State over many years.
The spokesman said that a new code of conduct for the HSE, which would also cover advisers, was being drafted. A HSE spokesman said a draft of the code of conduct had been submitted to the Department of Health.
Following the appointment of Prof Drumm as head of the HSE last year the Government agreed to appoint five special advisers to assist in the implementation of the health reform programme.
Three of the advisers, Dr Seán McGuire, a GP recruited to advise on the development of primary care services, Maureen Lynott, a business consultant who is to advise on performance management and value for money, and Karl Anderson, who is to advise on communications, were brought in following a tendering process.
Two other advisers were seconded from posts in the health service.
It emerged earlier this year that the appointment of the five special advisers will cost €4.5 million over a five-year period.
Under the terms of their contracts, the three special advisers appointed on foot of the tendering process receive salaries of €163,012 to €202,500 for working 135 days a year. They are also entitled to overtime payments of between €1,207 and €1,500 a day for an additional 27 days in the year.
The figures released under the Freedom of Information Act last spring revealed that Dr McGuire commands a fee of €202,500 a year and is entitled to a daily overtime rate after that of €1,500.
Ms Lynott, who has also been asked to help with the stalled consultant contract negotiations, is on an annual fee of €182,250 and her daily overtime rate is €1,350.
Mr Anderson is on an annual fee of €163,012.50 and his daily overtime rate is €1,207.50. All annual fees are exclusive of VAT.
Labour Party health spokeswoman Liz McManus said that the exemption in relation to ethics legislation afforded to the special advisers in the HSE would have to be changed.
She said that a system which left any group outside the scope of ethics provision was "open to abuse".
Ms McManus said she would be asking the Taoiseach to answer questions on the issue.
Fine Gael health spokesman Dr Liam Twomey said that his party if elected to government would "rein in the HSE".
He said that Ministers must begin to take responsibility for what is going on in the Health Service Executive.
