Consequently, while section 40C is critical for the work of the independent review group, its application goes much further. Essentially, section 40C will enable the Minister for Health and Children to require from the HSE, in the public interest, any information or documents he or she needs for the purposes of performing his or her functions. While it should not be necessary to use this power frequently, it will ensure that the Minister will have the information and documents he or she needs for his or her role and functions. In the same way, section 40D is about ensuring that where the Minister has appointed a person or persons to examine or inquire into a matter and he or she considers the information or documents received under section 40B or 40C are relevant to the examination or inquiry that he or she can give access to that material to the persons concerned. That will enable them to use the information and documents in line with the terms of reference of their appointment.

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