Mr. Tony O'Brien:

It is a risk which is a by-product of the challenge we have in filling a number of consultant posts at the moment. We have a dependency on a number of persons in this category. Ms Mannion is very focused on this. I do not regard it as appropriate for any publicly-funded body in the health service, whether it is a section 38 organisations or otherwise, to seek to fetter the Minister's discretion and rights with regard to requesting a HIQA review. In questioning the Taoiseach, Deputy Clare Daly is reported to have indicated that the HSE had, at one point, taken a court action to prevent the publication of a HIQA report.