Jack Wall (Kildare South, Labour)
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Question 148: To ask the Tánaiste and Minister for Health and Children her views on the omission of a protection for whistleblowers in the Health and Social Care Professionals Act 2005; her views on the commitment that a protection for whistleblowers would be written into all relevant legislation; if and when this omission will be addressed; and if she will make a statement on the matter. [15461/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Under the Health and Social Care Professions Act 2005, provision is made for the establishment of registration boards for each of the professions covered by the Act, in order to provide guidance on ethical conduct and support to those registered with the boards in the practice of their profession. This is in line with existing provisions for other health care professionals. The Medical Council has a guide to ethical conduct and behaviour which deals with matters of confidentiality and consent, including circumstances where there are exceptions to the rules on confidentiality and where doctors should report on the behaviour or competence of other doctors. An Bord Altranais has a code of professional conduct for nurses and midwives which provides that any circumstances which could place patients or clients in jeopardy or militate against safe standards of practice should be made known to the appropriate persons or authorities.

At present, there are statutory provisions in respect of governance in the health services. Under section 35 of the Health Act 2004, there is an obligation on the Health Service Executive to draw up a code of governance which will include guiding principles applicable to the executive as a public body. My Department has issued a framework document for corporate and financial governance for the Health Service Executive and requested the executive to draw up a code of governance in line with the framework. Under the section dealing with codes of conduct and quality customer services, the framework document specifically highlights that the Government in 2001 approved a code of practice for the governance of state bodies, under which such bodies need to set out objectives on maintaining proper standards of integrity and disclosure of confidential information. Under the 2004 Act, the executive is obliged in its annual report to indicate its arrangements for implementing and maintaining adherence to the code. In December, the executive submitted to me an update on progress in its code of governance. The executive is still working on the contents of the code and my Department is in communication with it in this respect.

In addition, section 25 of the Health Act 2004 provides that members of the board of the Health Service Executive, members of any committees of the board, employees of the executive or any person engaged by the executive as an adviser shall maintain proper standards of integrity, conduct and concern for the public interest. In order to ensure the implementation of such standards, the executive is obliged to draw up a code of conduct for the employees not covered by standards applied by the Ethics in Public Office Act, 2001 and advisers and their employees. The code must indicate the standards of integrity and conduct to be maintained by them in performing their functions. Such a code should more than adequately cover the rights and obligations of employees, advisers and consultants in disclosing confidential information in appropriate circumstances to the appropriate authorities.

I am, however, conscious of public concern and the concerns expressed in this House regarding the level of protection provided to employees in the health service who raise issues pertaining to the safety and welfare of patients. These concerns are often expressed in the light of the findings of the inquiry into the Our Lady of Lourdes Hospital, which noted that concerns about Dr. Neary's practice were raised by nurses working in the hospital. In view of the concerns, I am examining the issue of introducing specific provisions regarding the authorised disclosure of information in the context of a number of pieces of legislation currently being drafted by my Department.