Richard Bruton (Dublin North Central, Fine Gael)
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Question 79: To ask the Tánaiste and Minister for Health and Children if the Health Information and Quality Authority legislation will contain a section on whistleblower's legislation; and if she will make a statement on the matter. [21221/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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In line with the recent Government Decision to introduce 'whistleblowing' provisions on a sector by sector basis, I am proposing to include specific provisions concerning protected disclosure of information in the draft Heads and General Scheme of the Bill establishing the Health Information and Quality Authority and the Office of the Chief Inspector of Social Services, which I will be bringing to Government soon. It is my intention to publish the legislation during the Autumn session.

Although I will be including these specific provisions in the forthcoming Health Bill, I would point out that there are already in place statutory provisions in respect of governance in the health services. Under section 35 of the Health Act 2004 there is a provision obliging the Health Service Executive (HSE) to draw up a code of governance which will include guiding principles applicable to the HSE as a public body. My Department has issued a framework document for corporate and financial governance for the HSE and requested it 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 approved in 2001 a code of practice for the governance of state bodies under which such bodies need to set out objectives in relation to maintaining proper standards of integrity and disclosure of confidential information. Under the 2004 Act, the HSE is obliged in its Annual Report to indicate its arrangements for implementing and maintaining adherence to the code.

The HSE submitted an update on progress in relation to its Code of Governance to me in December. The HSE 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 HSE, members of any committees of the Board, employees of the HSE or any person engaged by it 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 HSE 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.

In addition under statutory frameworks governing health professionals there are provisions concerning the ethical conduct of these professions. The Health and Social Care Professions Act 2005 provides for the establishment of registration boards for each of the professions covered by the Act, the functions of which include giving guidance concerning ethical conduct and support to those registered with the boards in relation to the practice of their professions. The Medical Council has a guide to ethical conduct and behaviour which deals with matters of confidentiality and consent under circumstances where there are exceptions to the rules of confidentiality and where doctors should report on the behaviour and competence of other doctors. An Bord Altranais has a code of professional conduct for nurses and midwifes 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 person or authorities.

I am confident that these provisions together with the provisions that I intend to include in the Health Bill will provide appropriate protection to those who raise concerns regarding the health and welfare of patients in the health service.