As Deputies will note, section 40D does not give the persons appointed by the Minister the power enjoyed by the Minister under section 40C to require information or documents directly from the executive. That is because the relationship in the Health Act 2004 is between the Minister and the HSE and, therefore, it is appropriate that the power to require information or documents under section 40C should be confined to the Minister. Where there are difficulties in investigations and reviews, as in the review of child deaths, the Minister can require the information and documents from the executive and arrange for its use by any review or investigation team appointed by him or her.

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