Barry Andrews (Dún Laoghaire, Fianna Fail)

Political accountability is one of the core functions of the Minister in his or her relationship with the Oireachtas and, therefore, the intention of the amendment is captured by these functions and it is not necessary to make an amendment. While in its original draft, the Bill referred to the child deaths review group, the new section provides for the HSE to be proactive in furnishing the Minister with information considered to be important for the discharge of his or her functions and this new power will increase the accountability of the executive to the Oireachtas. It probably should have been included in the 2004 Act but we have learned from experience. It is timely to ensure that the HSE is under this proactive obligation and that the Minister will have the opportunity to set down guidelines as he or she thinks fit to ensure the executive provides the information to the Minister so that the Minister can be accountable to the Oireachtas. It is all about trying to address the issue, which has been commented on widely by Deputies, Senators and councillors throughout the country.

The Bill was drafted carefully by the Attorney General's office and I acknowledge the speed with which his staff turned it around and the care and attention and many drafts they made. They are satisfied that political accountability is fully captured by the functions outlined in the section. That it is mentioned in the explanatory memorandum proves the point but one cannot argue that because something is in the explanatory memorandum it should automatically be in the legislation.