Clare Daly (Dublin North, Socialist Party)
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Question 570: To ask the Minister for Health his views that it is acceptable that the Office of the Ombudsman will allow the Health Service Executive to prolong a response to a complaint (details supplied); the amount that has been spent on legal advice on this matter so far; and if he will enquire as to the difficulties that the HSE has in resolving the issue of parental consent. [35584/11]

James Reilly (Dublin North, Fine Gael)
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The Office of the Ombudsman is an independent office and it would not be appropriate for me to comment in relation to its handling of any particular case. In relation to the cost to the Health Service Executive (HSE) of legal advice obtained in relation to the case mentioned by the Deputy I have asked the HSE to provide that information to my Department and it will be communicated to the Deputy when it becomes available.

The issue of consent to examination and treatment in health and social care is highly complex. Currently there are a number of local and regional policies and guidelines in place pertaining to seeking consent for medical treatment. However, there is no single national HSE consent policy. The HSE has established a National Consent Advisory Group (NCAG) in order to draw up a national policy on consent for health and social care. A public consultation on the national policy is planned for early next year.