Dáil debates

Tuesday, 22 June 2010

Health (Amendment) Bill 2010: Second Stage

 

8:00 am

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)

I refer to the issue on which Deputy Shatter finished, that this Bill is rushed legislation. It is very important legislation and we want to ensure we get it right. We are talking about the deaths of children in care and trying to have the report produced by two respected people, with broad knowledge and compassion in this field. I know they will do the best job they can but we want to give them the tools to do the best they can. This legislation is designed to ensure they can get the relevant files in the possession of the HSE on the deaths of children in care. On behalf of the Labour Party, I have no wish to obstruct or delay the legislation. However, I want time to debate the amendments the Labour Party proposes. We must ensure we get this right. We have had many investigations on a range of issues in the health area that have affected people's lives deeply. We must ensure we get the widest amount of information in these reports. These should be transparent in so far as the public understands it will be told the full information available so that we can learn from the reports and have faith that we found out everything.

This requires balancing of rights. The in camera rule is an attempt to balance the rights of privacy with the right of information so we can learn from what happened. I received an e-mail containing the report of the Ombudsman for Children last night. I had an opportunity to read it and I share the concerns expressed by the Ombudsman for Children in respect of the process undertaken here. I am not sure the legislation allows us to do what we should do in the best interests of children. The two people concerned should be able to instigate the retrieval of the information they need rather than the cumbersome process presented in this Bill, whereby the Minister requests it from the HSE, the HSE gives it to the Minister and the Minister decides what the group will need and then gives it to them.

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