Brian Cowen (Laois-Offaly, Fianna Fail)

I made the point yesterday that the numbers sought to be validated not only relate to those who died in State care, but were widened to include those people who were brought to the attention of services and who may have passed away subsequently and, also, people who had passed the age of 18 years but who had passed away between that age and 21 years and who may have required after care services. Considering that at any one time there are 5,500 people involved in the provision of these services, whether through foster care, institutional or special care, a further look back must be undertaken.

I have not suggested I am happy with the fact that it is taking some time to provide the figures and validate them but I am bringing the issues to the attention of the House. I refer to the question of the legal issues that arose. In the setting about of the collation of the information, the HSE took legal advice in respect of these matters and informed the Minister on Monday last of difficulties identified which related to section 31 of the Child Care Act 1991, the in camera rule, data protection legislation and the issue of consent to disclosure of personal or confidential information including, as appropriate, the consent of surviving relatives. That information, having been given to the Minister on Monday, was discussed by the Cabinet on Tuesday morning. We decided to bring forward changes in legislation as necessary to deal with that situation to ensure an adequate sharing of information between the HSE and the Department of Health and Children so that those tasked with the job under the review group could get on with that job and, hopefully, do it within the timeframe set out. In the meantime, factual information will be made available to the review group by the HSE by Friday next to enable it to get on with its job.

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