Bernard Durkan (Kildare North, Fine Gael)

I have another question and it is important. This one impinges on the Ceann Comhairle's authority as Chairman of this House. Recently I have noticed creeping into replies to parliamentary questions from various Departments the phrase, "it is not usual to comment on individual cases". I tabled a question to the Minister for Health and Children because this has appeared as regards a series of services provided by her Department. It asked whether the Minister had given instructions to restrict the flow of information to individual Members of the House, and she said she had not. However, the Data Protection Commissioner issued a guidance note for data controllers on the release of personal data to public representatives, in line with which the HSE has prepared its standard operational procedure. Effectively, it is now a requirement for public representatives to get written confirmation from a constituent before he or she can make representation seeking a response.

As the Ceann Comhairle knows, this is totally in breach of the rules of the Oireachtas and the privilege enjoyed by its Members. I am asking for either a meeting of the Committee on Procedure and Privileges, CPP, with the Data Protection Commissioner in attendance or the legislation to be amended, if necessary, because there are no circumstances in which an elected Member of the Oireachtas has to seek permission from anybody to raise a question about any subject that involves expenditure of any kind.

See this speech in context