Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

I welcome the witnesses and thank them for their presentations. I am getting a little more confused. Am I talking about two different Bills, the Bill as we discussed an hour and a half ago as opposed to the Bill now?

At the outset I wish to raise the role of HIQA as set out in this Bill. I asked questions on the licensing of hospitals and there was discussion around the issue of public and private hospitals. In the presentation it seems to be the case, that section 9 is primarily allowing for inspections and oversight in the private hospitals system. I also questioned the previous witnesses in terms of whether there had been an audit done or discussions with HIQA in terms of public hospital and the public hospital system about what they will need to do in term of capacity requirements, investment to get to a stage whereby they will be licensed by HIQA. I am not sure whether there are proposals in the Bill before us, having listened to Ms Dixon on the issue of the public hospitals system. I would like to have that clarified because the purpose of today's meeting is to get information but there seems to be slight differences of opinions from the various witnesses on the governance and oversight of the public hospital system, when it will come into play, whether there are detailed discussions. Mr. O'Brien came before a health committee some time ago, where he effectively said that if there were no further enhanced capacity investment or if we do not change how we deliver health care, that effectively we will not be able to deliver any elective surgery within seven years. The reason I ask this question of Mr. Quinn, is that if there is to be an inspection process, we will have to have planned in advance to ensure that a health facility will comply with the standards of a HIQA inspection as opposed to having difficulties in trying to deliver health care in unsafe conditions.

I wish to raise issues with regard to the patient safety and pre-hospital emergency care.

HIQA oversees nursing homes and the disability sector. The role of HIQA has dramatically expanded since its inception some years ago, which is welcome. HIQA's work is appreciated by all involved as well as its independence and authority.

I will reference the question asked by the Chairman. At what stage does HIQA decide it needs enhanced capacity and additional resourcing to meet its original aim and ensure its expanded role is fully implemented?

In previous times we have raised the issue of decongregating the disability sector and for congregated settings to be inspected. We have received some complaints that not enough discussion has taken place between service providers and HIQA to ensure service providers enhance or comply with the standards. There have also been calls for flexibility to be shown without compromising patient safety. My query refers to the public hospital system in general.

My question on the processing of personal data without consent is for the Data Protection Commissioner, Ms Dixon. It must be acknowledged that a state should be able to conduct detailed health analyses and research with the information that it has at its disposal to ensure that it can establish the best health practices, promote health and well-being, observe the impact of vaccination plans, etc. If there is a big body of information available then it surely is not beyond our capacity, as a State, to protect the rights of an individual and the individual's information while at the same time use that information in an anonymised way for the purpose of a State conducting research into health outcomes and identifying whether health promotion policies have benefitted the general health of the population.

Sections 33(4) and 33(5) go into some detail about the processing of personal data. Then the Data Protection Commissioner referenced that the provision is in conflict with rulings by the Court of Justice of the European Union. I refer to the role that was requested in this legislation. Then she told us that her office has had little discussion with the Department of Health in recent times and that since then the Court of Justice of the European Union has since clarified the role and independence of the data protection held by a State on behalf of its citizens. Who discussed the matter with the Office of the Data Protection Commissioner? The Department of Justice and Equality established the Data Protection Commission. I assume the heads of a Bill are still circulated in the normal process to the various Departments. Did the Department of Justice and Equality express an opinion on this issue? Was the natter referred directly to the Data Protection Commissioner?