Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

As we approach the end, am I correct in saying that the Minister has not accepted any amendment at all? I acknowledge some amendments sought significant change and I understand why the Minister was opposed to that, but many of them were intended to improve the protective ability of the legislation and should not have been controversial. Amendment No. 92 is a constructive amendment which seeks to help the situation. We have spoken at length today and on previous days about the necessity to trust in doctors. The power to choose the review panel is in the hands of the HSE under the legislation. The executive is responsible to the Department of Health, which, in turn, is responsible to the Minister, but this is a medical issue and it should be grounded in the Medical Council. It should be regulated by doctors rather than being the direct responsibility of the Minister. Alas, Deputy Reilly may not be Minister for Health forever and, therefore, it is important that there be separation between the Minister of the day and the process of nomination to these review panels. What better organisation to oversee the process than the Medical Council, which is representative of doctors?

The HSE is directly responsible to the Minister of the day and I am concerned that a Minister could exert control over, or apply indirect political pressure to, this sensitive and important area. The amendment would simply reduce the possibility of that pitfall in future and I hope the Minister will look on it in a constructive and positive light.

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