Brendan Ryan (Labour)

I move amendment No. 2:

In page 17, to delete lines 13 to 19 of the text inserted by Government amendment No. 25 at Committee and substitute the following:

"(2) The Health Service Executive shall publish all information supplied to it under subsection 1(a) and may for statistical purposes retain and process information given to it under subsection (1) provided that information supplied under subsections 1(b), 1(c) and 1(d) is not publicly disclosed except in the form of a summary so compiled so as to prevent particulars relating to the identity of any person for whom any home care provider provides home care services being ascertained from it.".

The Cathaoirleach knows I never disagree with him. However, I do not agree these amendments are alternates for an important reason. My amendment is almost identical to that of the Minister of State. It states the Health Service Executive shall publish all information supplied to it under subsection 1(a), which is the identity of the home care provider. The Minister of State's amendment states the information may be publicly disclosed. Mine uses the word "shall" while the Minister of State's uses the word "may".

With all due respect to the Cathaoirleach a difference exists between them. This difference goes back to a view I have held for 20 years on the public's right to information. The Minster of State will quote vast volumes from the Office of the Parliamentary Counsel to show that "may" means "shall". It does not. We have plenty of evidence in legislation to show if a Government wants something to happen the word "shall" is used and if it wants to leave a little wiggle room it uses "may".

God knows what reason the HSE might find to delay, slow down or hold up publication of the names of people. People might regard it as commercially sensitive and such information is precluded from release under the Freedom of Information Act. It is one reason for not disclosing information. Given that the Minister of State uses the word "may" a home care service provider could object to it, leading to a long rigmarole.

Am I causing the Cathaoirleach——