asked the Minister for Health if he is aware that the basic health privacy rights of an individual are being breached as the holding of medical cards is now a matter of public knowledge and consumption due to school transport arrangements; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Health Privacy Rights.
21.
The possession of a medical card is an indicator of eligibility and does not necessarily reflect a state of health. There could not therefore be a breach of confidentiality in relation to a person's health.
What I have asked the Minister is whether he accepts that there is a basic principle of privacy vis-à-vis a person who applies for a medical card, the issuer of the card and the medical doctor. Would the Minister not accept that that right to privacy should not be breached, that the holding of a medical card should not be common knowledge?
Anyone who has a medical card has it as of right. I see no reason for the holder of a medical card not displaying that card if he so wishes. It is like the bus pass. In the matter in question there is no element of a breach of privacy right. It is a question of a scheme. A medical card is being used as the criterion in a certain instance. I do not see any reason for people not producing medical cards in the same way as they would produce any other form of identification in relation to the question of entitlement to transport.
Is the Minister serious in saying that the holding of a medical card is the same as the holding of a bus ticket?
I am not saying that. I was talking about a bus pass such as an old age pensioner would have. The medical card is also something to which its holder is entitled.
Would the Minister not accept that a medical card is issued on the basis of health needs? It is a provision of our health services that medical cards be granted to those who by reason of their means are unable to provide medical care for themselves. In other words, the medical card is a recognition of a health need. Therefore, would the Minister not accept that a medical card should not be used as a means of determining eligibility for school transport or for anything else? Would the Minister accept also that under EEC regulations, persons working on oil rigs in the North Sea are entitled to medical cards and consequently, their children are entitled to free transport on school buses while a family living a short distance away from those children would not be so entitled because of the family income being perhaps £1 of £2 above the limit for medical card eligibility.
If the Deputy has a problem in regard to someone who has a medical card——
I did not say that.
The Deputy has referred to people working on oil rigs.
Is the Minister not aware that under EEC regulations a person working in another EEC country is entitled to a medical card in this State and that consequently, irrespective of income, his family would be entitled to travel free on the school buses.
That would seem to be another question.
Is the Minister serious in saying that the only criterion for determining eligibility for medical cards is income? Is he not aware that there is provision for the issuing of medical cards in instances of specific medical conditions?
I am so aware.
Surely it is a breach of professional confidentiality that the children of a person afflicted with a disease or a condition that justifies his having a medical card, should be asked to produce that medical card in order to be able to avail of free school transport?
I would not agree at all.
Would the Minister confirm that there is no question of a breach of confidentiality in relation to private health rights since the entire matter of eligibility for free school transport is handled in CIE's road transport headquarters and that therefore, with the exception of the family concerned, there would be no reason for anyone else being aware that the children were able to avail of free school transport? Are not all school passes identical?
We seem to be getting into a debate now.
Is the Minister prepared to refute the suggestion that medical card holders are being discriminated against in the sense of being asked to show their medical cards?
No one is being discriminated against because of holding a medical card. Medical cards are issued to those who are entitled to them. The arrangements made by CIE are not a matter for my Department.
In the sense that one buys a bus ticket while a medical card relates to a person's medical history or to his financial circumstances, can the Minister honestly make a comparison between the two documents?
All I will say to that is that there is none so deaf as he who will not listen.