James Reilly (Dublin North, Fine Gael) | Oireachtas source

Deputy Creed raised the issue of the forms and asked whether they will show failed applications. They will not. However, the reviews will all be recorded and the result of each review will be recorded. It would not be feasible or possible to record each application because of how this will operate in reality. I admit that one would like to be able to show how many people applied and whether they were successful or unsuccessful, but there is an issue of privacy. I know Deputy Creed is concerned about this, but the privacy rights of the patient are the concern here. As a doctor, I have some experience in this area and can draw a corollary for the Deputy. If an employer asked me for all the notes for work that I had given somebody over the past three years because he had lost them, I would have no problem doing that and the patient could not really object. However, if the employer asked me how many times the patient had sought a note for work and I had declined, I would be in deep trouble if I provided that information as that would be an invasion of the patient's privacy. Therefore, providing the information being sought here is not doable and would not work.

I understand why the Deputy might like such information to be available. For instance, somebody could come in suicidal following an initial review and assessment and make a request. On this second occasion the consultant concerned might form the opinion that this constituted a real risk and seek a second opinion. Then, perhaps during the course of the second opinion, the patient's situation might change. For that to be recorded would not be allowable under legal privacy rights of patients or under Medical Council guidelines. I could not see that being allowed. I hope this explains the reason not to accept the amendment.