Bernard Durkan (Kildare North, Fine Gael)
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Question 368: To ask the Minister for Health and Children when payment under the health repayment scheme in respect of persons in residential institutions will be made to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [11838/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive.

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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Question 369: To ask the Minister for Health and Children the reason she or the Health Service Executive have issued instructions to staff to refuse to give information appertaining to the provision of such services, as rent supplement, home of other services and the use of Data Protection Act 1988 as a means of withholding such information in view of the fact that such services are provided for out of public funds for which she and the HSE are accountable; if her attention has been drawn to the attempts by the HSE to withhold such information which is vital if public representatives are to be in a position to monitor the strength, quality, availability and cost of such services and their methodology to the public; and if she will make a statement on the matter. [11839/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I have not issued any instruction of the kind referred to in the Deputy's question.

The Health Service Executive has advised my Department that it has not issued any such instruction. In November 2007, the Data Protection Commissioner issued a Guidance Note for Data Controllers on the Release of Personal Data to Public Representatives, in line with which the Executive has prepared a Standard Operating Procedure for its staff. This requires that routine information be provided to public representatives on the basis that it can be generally assumed that the constituent has given consent for the release of the personal data necessary to respond to the request.

In instances where the information requested is determined to be of a sensitive personal nature, the Executive's procedure provides that the data controller should check with the patient or client that he or she has given consent for the information to be released to the public representative. If the client or patient cannot be contacted the person dealing with the enquiry should contact the public representative's office to check if consent has been obtained from the patient or client to the release of sensitive personal data.