John Browne (Wexford, Fianna Fail)

I do not propose to accept this amendment, which was also proposed, but not accepted, during the Bill's passage through the Dáil. The wording used in subsection (6)(a) of section 14 is the standard text used in legislation pertaining to the removal of directors from State bodies and is included in legislation setting up other agencies, for example, the Sustainable Energy Act 2002 and the Digital Hub Development Agency Act 2003. The fact that the text has not presented any difficulties convinces me that the amendment proposed by the Senator should not be accepted.

A board member's relationship with his or her doctor is confidential, and the nature of a doctor's relationship with a patient would prevent his or her disclosing information about a patient's state of health without the latter's consent. The context of removal from office provides no inducement for the director to provide such consent.

Having considered the proposed amendment carefully with the benefit of advice from the Office of the Attorney General, I am satisfied that, rather than improving outcomes, accepting the amendment would present practical difficulties for a Minister who wished to remove a director on the grounds of ill health. Accordingly, the amendment cannot be accepted.