asked the Minister for Health if he will state what action he has taken in reference to Section 5 of the Health Act, 1947, in view of the statement made by a church dignitary to the effect that this section constitutes a menace to the rights and duties of doctors in relation to professional secrecy.
Ceisteanna—Questions. Oral Answers. - Operation of Health Act.
I presume that the statement referred to is that reported in the daily papers on 22nd December, 1947.
Section 5 of the Health Act, 1947, recognises the principle of professional secrecy. It provides that the Minister for Health may make regulations in regard to various matters referred to in the Act subject to certain conditions and, in particular, to the condition that where the regulations require records to be kept in relation to the health of individuals such provision shall be made therein as the Minister thinks necessary or proper for ensuring that the parts of such records containing the names of such individuals shall be treated in a confidential manner and shall not be published save with the consent of such individuals. Further, every regulation made by the Minister under the Act must be laid before each House of the Oireachtas and if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it the regulation shall be annulled. Finally, it is the intention to consult the National Health Council, established under Section 98 of the Health Act, 1947, in regard to any important regulations which it is proposed to make under the Act. In fact, the council was consulted before the principal regulations which have been made since the Act came into force were brought into operation.
In my opinion, these provisions constitute reasonable safeguards in regard to professional secrecy, and I have not thought it necessary to take any action in reference to the section in question.