Áine Brady (Kildare North, Fianna Fail)

Section 7(13) provides for the content of a care needs assessment report to be provided for a nursing home with the prior consent of the subject of the assessment. I cannot accept the Senator's amendment because it does not respect the rights of the individual being assessed. The provision of a care needs assessment report for a nursing home ultimately is a matter for the individual or, where relevant, his or her representative and the nursing home. A care needs assessment report will contain sensitive information on a person's health and well-being and it would not be appropriate for the HSE to ignore a person's right to confidentiality in this regard. Specifically, it is considered that the provision of the care needs assessment report for a nursing home without a person's prior consent would be in contravention of section 2B of the Data Protection Act 1988, as amended by the Data Protection (Amendment) Act 2003, on the processing of sensitive data. Section 7(13) of the Bill was introduced in the Dáil on Report Stage. At the time Deputy Reilly welcomed the introduction of this new provision, noted that it addressed his concerns that care needs assessments could be shared with nursing homes and acknowledged the absolute need for prior consent. Therefore, I do not propose to accept the amendment.