Brian Cowen (Laois-Offaly, Fianna Fail)

The HSE first shared this legal advice with the Department of Health and Children on Monday of this week. The difficulties identified relate to section 31 of the Child Care Act 1991, the in camera rule, data protection legislation and the issue of consent to the disclosure of personal or confidential information, including, as appropriate, the consent of surviving relatives.

Having discussed the matter, having had discussions with legal advisers to the Department of Health and Children and the HSE and having spoken to the Attorney General's office yesterday, the Government has decided the more comprehensive solution is to develop proposals for a legislative amendment which would facilitate the exchange of information between the HSE and the Minister of State in cases such as this, to ensure the system could learn from events while, at the same time, protecting the rights of the children involved and, as applicable, their families. It is important that we get the information the people are requiring.

See this speech in context