Barry Andrews (Dún Laoghaire, Fianna Fail)

Yes, but one issues guidelines in respect of the furnishing of information under either what the HSE notify me about or what I decide. Section 40B(b)(i) refers to "any such occurrence or development that, in the opinion of the Executive, the Minister is likely to [require]". Consequently, this pertains to a proactive decision taken by the executive. Section 40B(b)(ii) deals with a decision by the Minister to provide in writing for categories of documents. Moreover, if these documents create a concern for the Minister, section 40C enables me or the Minister for Health and Children to specify what further action or inquiry might be required. Although sections 40B and 40C operate separately, they can be read together and one strengthens the other in that sense. For those reasons, I reject the amendments.

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