Brian Lenihan Jnr (Dublin West, Fianna Fail)

That is clear from the legislation. The fundamental objective of the elusive mission statement that Senator O'Meara sought is to promote and protect the health and welfare of the public. That is a fundamental requirement for the executive. There is a balance to be achieved here because the executive must have the capacity to protect confidential information. That is only confidential if the executive so classifies it and it can only do so within the overall framework established by the legislation. It would correctly be a matter for the executive to decide when it was and was not in the public interest to disclose information. To dilute the section in the way that Senator Browne suggests would erode the capacity of the executive to discharge its functions. The executive is surely entitled to the same protection on confidential information as any other State organisation.

Senator Henry raised the consultants' contract. That governs the consultants' relationship with their employers. The advocacy role of the consultant as described in the contract on behalf of patients is exercised in the first instance in the context of discussions with the employer on resources and activity levels. That is an internal process within the health service executive. The section does not preclude representative organisations and health professionals as members of those organisations from raising relevant patient care issues in public. Nor does it raise any objection or obstacle on that.

The provisions of section 26 apply only to information which is expressed by the executive to be confidential. The executive will operate in an open and transparent manner and the provisions of the freedom of information legislation will continue to apply to it. The Tánaiste has noted the concerns expressed about the possible operation of this section and she intends, given those concerns, to discuss the operation of section 26 with the executive to ensure it is not applied in a manner that affects doctors and other health professionals discharging their ethical obligations. The Tánaiste accepts that the section must be worked in that context.

On the one hand, we must strike a balance. The executive, like any other, given authority, must have the capacity to protect itself and make a judgment on confidential information that must be protected. Senators must realise that, on occasion, confidentiality of information is essential in the public interest and for the protection of public health. On the other hand, the Tánaiste has noted concerns expressed about this section and will raise with the executive the issue of how the ethical requirements and obligations of doctors and other health professionals might be safeguarded.