Barry Andrews (Dún Laoghaire, Fianna Fail)

Amendment No. 7 seeks to amend the Commissions of Investigation Act 2004 while amendment No. 6 appears to seek to give the independent review group power conferred by section 16 of that Act in regard to compelling witnesses. This Bill is not concerned with that Act. There are 51 closely interrelated sections in that Act concerned with establishing and operating a specific structure for carrying out an inquiry in a particular way. Section 16, for example, has to be seen in the context of the scheme of that Act. If amendment No. 6 were accepted, the question of penalties for non-compliance and the issue of relevant legal rights and legal rule would have to be fully explored, as it is in the 2004 Act. However, the independent review group on child deaths is not an inquisitorial inquiry. It is being asked to examine existing information, including reviews and reports completed by the HSE or others on behalf of the HSE and the issue of formal interviews should not, therefore, arise. It is expected that staff in the HSE and persons providing services on its behalf would assist with providing any necessary clarification on information or documents provided. Furthermore, the Bill does not set out the procedures for holding inquiries and, as stated previously, is quite limited and specific in its remit.

The policy objectives of this Bill are very focused. The purpose is to address a particular situation, namely, the provision of information by the HSE to the Minister and to allow for the use of that information by persons appointed by the Minister to undertake reviews and inquiries. That is what the Bill achieves. Accordingly, I will not accept the amendments.