Mary Harney (Dublin Mid West, Progressive Democrats)

What we are talking about here is the medical report the claimant will submit to substantiate the claim. Clearly the claimant will ask, seek or inquire of the doctor whether he or she will give a report on their medical condition. I would have thought it a form of consent if one asks a doctor to give a medical report. The doctor gives the report to the claimant who then makes the application to the PIAB. Obviously if one is making a claim, the respondent must be given a copy of the report. It would be unreasonable not to do so. Under current law as defined by the Supreme Court on 24 July 2003, the plaintiff who sues for damages for personal injuries, by implication, necessarily waives the right of privacy he or she would otherwise enjoy in regard to a medical condition. This is in the Michael McGrory v. ESB case which was adjudicated upon.

I am not sure I understand the point Senator Henry is making. Is she suggesting that in some sense the patient is not aware he or she has given consent for the report? People would have to ask the doctor for the report and submit it. It is not the doctor who submits the report, but the claimant who submits it with the application.