Mary Harney (Dublin Mid West, Progressive Democrats)

Senator Henry is correct. During some of the inquiries under company law, great criticism was also levelled when members of the Central Bank did not report to Revenue. The confidentiality clause will apply to everyone. As stated in the section, however, it will not prohibit the making of reports to Ministers or whatever body to which the council might agree to make such a report. Confidentiality is paramount. Those on the council will not be present to represent the bodies of which they are members; they will be there because of the wider perspective they can bring. If a members believes there is anything untoward happening which should be brought to public attention, he or she would either be obliged to obtain the agreement of the council to release information in respect of it or resign.

As I stated on Second Stage, many asked me about the recent practitioners inquiry. When I informed them that I did not have a clue about what was happening, they were astonished. I have no right to know what is going on because confidentiality applies.

There have been breaches of confidentiality across a host of areas in recent years. The essence of a professional — be he or she a doctor, pharmacist, lawyer, politician or Minister — is that he or she should be able to maintain confidentiality. When I am asked to address schoolchildren, I am occasionally asked what advice I would give them. My reply is often that it is important to be somebody who can be trusted. I provide them with the example that if one tells one's best friend something and he or she betrays one's confidence, one will never trust him or her again. The same applies in respect of professionals. If one went to a doctor and discovered later that he or she had told someone else about one's health, one would naturally be furious as a result of this major breach of the doctor-patient relationship and the lapse in his or her professionalism. One would never return to that doctor's surgery. The same applies to many other professionals.

Those who will sit on the council will be bound by the same confidentiality rules, regardless of whether they are nominated by the HSE or the Irish Medicines Board or elected by the society. Their duty will be to the society in the first instance. The only opportunity they will have to bring matters to the attention of others will be through formal reports or a decision to be communicated by letter.