Seanad debates
Wednesday, 24 October 2012
Health Service Executive (Governance) Bill 2012: Report and Final Stages
12:05 pm
Colm Burke (Fine Gael) | Oireachtas source
The proposal is that the words "such opinion being corroborated by independent written medical advice," be inserted. I am a little concerned as the proposal does not make any provision, for example, if a person refuses to turn up to get independent medical advice. The legislation would not provide for any requirement for the person to turn up and the Minister could therefore be caught in a dilemma where a person could not be removed because of the proposed clause. On those grounds we could not support the amendment, as it would leave the Minister in a legal limbo, causing difficulty for a Minister in removing a person even if there are valid grounds. I do not support the amendment.
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