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.