Mary Harney (Dublin Mid West, Progressive Democrats)

Statutory provisions exist in respect of governance in the health services which deal, inter alia, with the issue of confidential information. Section 35 of the Health Act 2004 obliges the Health Service Executive to draw up a code of governance which will include guiding principles applicable to the executive as a public body. Earlier this year my Department issued a framework document for corporate and financial governance for the HSE and requested the executive to draw up a code of governance in line with the framework. Under the section dealing with codes of conduct and quality customer services, the framework document specifically highlights that the Government approved in 2001 a code for the governance of State bodies under which such bodies need to set out objectives for maintaining proper standards of integrity and disclosure of confidential information. Under the 2004 Act, the HSE is obliged in its annual report to indicate its arrangements for implementing and maintaining adherence to the code. The executive is working on drafting its code and I understand that it intends to submit it to me for approval in the near future.

In addition, professionals within the health services are governed by their own codes of conduct. The Medical Council has a guide to ethical conduct and behaviour which deals with matters of confidentiality and consent including circumstances where there are exceptions to the rules on confidentiality and where doctors should report on the behaviour or competence of other doctors. An Bord Altranais has a code of professional conduct for nurses and midwives which provides that any circumstances which could place patients or clients in jeopardy or militate against safe standards of practice should be made known to the appropriate persons or authorities. Under the Health and Social Care Professionals Bill provision is being made for the registration boards for each of the professions to give guidance concerning ethical conduct and support to those registered with the boards concerning the practice of their profession. These codes of conduct and ethics will be enforceable by the health and social care professionals council.

In addition section 25 of the Health Act 2004 provides that members of the board of the Health Service Executive, members of any committees of the board, employees of the executive or any person engaged by the executive as an adviser shall maintain proper standards of integrity, conduct and concern for the public interest. To ensure the implementation of such standards, the executive is obliged to draw up a code of conduct for employees not covered by standards applied by the Ethics in Public Office Act 2001 and advisers and their employees. The code must indicate the standards of integrity and conduct to be maintained by them in performing their functions. Such a code should more than adequately cover the rights and obligations of employees, advisers, consultants etc.

Given the range of provisions which I have just outlined governing the issue of confidential information, it is not my intention to introduce such legislation such as that referred to by the Deputy. However, I will review this position when I have seen the formal code of governance and code of conduct which will be adopted by the HSE shortly.

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