Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Section 40 of the Health Act 2007 gives me, as Minister, the ability to request any information and to make that information available to a person appointed by me to investigate or examine such a matter. I received correspondence from the HSE on 26 June seeking section 40. I responded favourably on 27 June, the next day. My understanding is, and I note public comments from Dr. Scally to this effect in recent days, that he has now been given all the information he requires to carry out his investigation. He also knows - I have said it to him face to face, on the telephone and I say it again now in the House - that if he has any difficulty obtaining any of the information, he has a direct line to me on that.

Regarding the issue of the lab data, my understanding is that some data on the labs had been shared with the Joint Committee on Health. Dr. Scally has a job of work to do. We cannot appoint somebody to examine all this information, with the expertise that they have and, frankly, we do not have, and then try to predetermine that. Dr. Scally's work is that of a scoping enquiry. It is the Government's intention to establish a commission of investigation in September. We do have to allow Dr. Scally do his work and make his determinations.

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