Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I move amendment No. 9:

In page 18, lines 12 and 13, to delete ", or has been, or may at a future time be,".

This concerns the capacity of people to tell the future. We have entered into another realm. I was struggling with the words used in the Bill, on which we had a discussion on Committee Stage. I do not understand why the wording is included in this section. It gives the CEO the option of not disclosing any information if he or she has the capacity to simply say that it might be the subject of court proceedings. On the basis that anything someone says could be the subject of court proceedings, a person would have cover to say absolutely nothing. I will not get into a debate about whether we sometimes have to drag answers out of people but it is on the public record that sometimes we do. It is about removing the excuse that it may cause an issue at some future time. Allowing a CEO not to disclose information on the grounds that something might be the subject of court proceedings in the future is very confusing. It gives the head of the HSE the opportunity to effectively operate a veto on discussing important issues, which makes me very concerned. That veto is very broad. It is a very broad interpretation. My amendment is proportionate and in order and eliminates the possibility that the CEO can do this in the future. Deputy Donnelly and I discussed this anomaly and the recognition of it on Committee Stage. I think there was consensus at the committee. Most of the amendments were withdrawn and we agreed we would have the discussion here on the floor of the House. We had a small discussion, the anomaly was recognised and all I am seeking to do here is rectify that.

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