Frances Fitzgerald (Dublin Mid West, Fine Gael)

The issue arose previously. The Deputy is correct to refer to it. When, for example, an independent review of child deaths was established by the Minister of State with responsibility for children and youth affairs in March 2010 the group was furnished with preliminary information by the HSE but it was refused access to individual case files due to legal concerns identified by the HSE on the provision of information to the group. The Health (Amendment) Act 2010 was enacted to strengthen the legislative basis for the provision of information by the HSE to the Minister for Health. That is the matter to which Deputy Kelleher refers. I need to have the same powers in order to access such information. This is a reflection of the legislative power the Minister for Health already has, which was required at that time to enhance the Minister's ability to fulfil his role and functions, including political accountability to the Oireachtas, and to create a safe channel of communication for sensitive information from the HSE to the Minister. That legislation dealt with the issue at that time and now we are doing the same thing so that I have similar access to information as the Minister for Health. When legislation is introduced to change the function or formation of the HSE then the Bill will require amendment.

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