Jennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)

It is indeed, one of the more controversial things we will deal with today. The definition of "relevant person" primarily relates to Part 4. Part 4 concerns the secondary use of health information for specified public interest purposes, namely, a public interest purpose in the area of public and occupational health, policy and regulatory activities, including in respect of service planning and performance management, and statistics. Under this Part, the HSE will be empowered to request and receive from a relevant person health information for these specified public interest purposes. The provisions set out under Part 4 will, therefore, support greater and effective use of information and data, including in support of a number of activities. It is a critical step in ensuring we move beyond our current, often fragmented and even reluctant, approach to information sharing. These obstacles to information sharing remain in place. They do not serve the interests of the public. They frustrate our collective efforts to provide for health service improvement commensurate with the sustained and substantial public investment in health and social care. The Bill will provide a clarity in law that will allow us to surpass these obstacles and join other EU nations who have made more progress in digital health and social care.

A "relevant person" is defined under the Bill as a body established by or under an enactment to perform functions in relation to health services, including section 38 and 39 bodies under the Health Act 2004 or private providers who have entered into an arrangement with the HSE to provide health services. This amendment is, therefore, a technical amendment to clarify that a relevant person can fall under any one of those three categories. Deputies may wish to note that under Part 4, the HSE also has the power to specify, among other matters, the structured collection of health information to be provided as well as the digital format in which the information should be provided. Requests under Part 4 must be complied with and, in the event of non-compliance, the HSE can apply to the Circuit Court for an order directing compliance.

The Bill is clear as to the powers provided to the HSE in recognition of its role as the custodian of public investment in health and social care services. The Bill is also clear as to the positive obligation it places on health service providers, including section 38 and 39 bodies, to provide this information when and as requested to do so. Of course, it should not be necessary to wait for legislation to be enacted to ensure there is a full alignment of reporting across our publicly funded health and social care services and to ensure an effective and efficient use of resources. This should be happening in any event under existing provisions and arrangements, including the service level arrangements that section 38 and 39 bodies are required to enter into with the HSE in return for the very significant levels of public funding received.

I will continue to reflect on my engagement with the sector. I know this is something that is of great importance and interest to the health committee and the Deputies across from me, who have already expressed their support for the full integration of, for example, the integrated financial management system throughout the voluntary hospitals as well as the HSE hospitals and more broadly. I will continue to reflect on our engagement with the sector, and should I or Deputies consider it necessary, we will bring further legislative provisions or other measures to ensure this obligation is complied with without exception.

See this speech in context