Pam Lewis
South Antrim · Democratic Unionist Party · Northern Ireland
“I thank the Minister for her answer. Indeed, I thank her for the assistance that she, as Minister of Justice, gave my constituents Kathryn and Aaron McCollum following the tragic death of their much-loved husband and father. Her assistance was deeply appreciated.”
“I thank the Minister for her answer. I very much welcome the amendment to the Justice Bill on this subject, and I thank my colleagues across the Chamber for the good work that they have done on it. What cost is the PSNI carrying for the seizure, storage and disposal of those vehicles? Is that cost creating a barrier to enforcement?”
“It progresses 18 recommendations from the independent review of charity regulation, with a focus on a more risk-based approach that promotes trust and accountability without placing undue burdens on charities.”
“I welcome the opportunity to speak as a member of the Communities Committee at Second Stage of the Charities (Amendment) Bill. I thank the Minister and the Chair of the Committee for outlining the details of the Bill.”
“The public must have confidence that charitable funds are being used properly, that trustees understand their responsibilities and that there is effective oversight when misconduct or mismanagement occurs.”
“<BR /> <BR />I welcome the streamlining of accounting and reporting requirements. For small charities, administration can be a real challenge and burden.”
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“I appreciate the dedication and commitment that the Member has given to the subject, which is obviously precious to him. I read almost the entire information pack on the issue and heard Mr Flanagan present to the Environment Committee in relation to his proposed Bill. <BR /> <BR />I am at a loss to understand why the Member feels it necessary to propose that the use of townlands in postal addresses should be enshrined in legislation. From my reading, this concern by Mr Flanagan is rooted solely in County Fermanagh, and perhaps in the past, Fermanagh District Council. <BR /> <BR />The proposal is that the Assembly should legislate to allow councils, if they desire, to re-template their addresses by putting their townland and house number at the forefront of the address. The first question I would ask is this: "Why?".”
“I note that, as far back as September 2012, the Northern Ireland Environment Agency's environmental crime unit came before the Committee and expressed concern that the existing measures to reduce and combat the high levels of metal theft in Northern Ireland were not effective. It is clear from statistics received since then that it was right to be concerned. I trust that the Bill will address those concerns in a much more comprehensive way. <BR /> <BR />I recognise, of course, that there will be many concerns from scrap metal dealers, not least over the idea of moving towards a cashless system. Again, trusting that the Bill passes its Second Stage, the Committee will hear all those concerns in the near future. I support the general principles of the Bill.”
“I can see the argument on both sides. I asked Mr Beggs, when he came before the Environment Committee, whether an Ad Hoc Joint Committee might be necessary, and he did not rule that out. What is important is that, whatever Department takes responsibility, full scrutiny of the Bill take place, assuming that the Bill passes its Second Stage. It is disappointing to see that we do not have a Minister here to answer that tonight, so we still do not know where it will sit. <BR /> <BR />As far as the Department of Justice is concerned in its dealings with scrap metal theft, it is clear that the current scheme that it operates, whereby there is only a voluntary arrangement in place, is not sufficient to prevent or deter the current levels of criminality.”
“I commend Mr Beggs for his work so far and for bringing the Scrap Metal Dealers Bill before the Assembly this evening. The Bill is a good example of how the Assembly can seek to resolve an issue that may not be particularly high-profile but nevertheless impacts greatly on those who are unfortunate enough to be the victim of crimes involving scrap metal theft. We heard much about that from the Member this evening. I support the principles of the Bill, and its drafting appears to have satisfactorily covered most of the main issues. I will therefore keep my remarks brief. <BR /> <BR />I am aware that there have been differing opinions on which Department should lead on the subject: whether it should come under the Department of Justice, as it is about metal theft, or the Department of the Environment, given the licensing element to the Bill.”
“On balance, I have to say that I am not entirely convinced that a Bill is the way forward on such a highly controversial, sensitive, emotional and, for some, distressing subject. I am much more comfortable with the agreed aim of both public and clinicians that more effort be put into raising awareness and encouraging discussions in families. <BR /> <BR />Finally, Dr Courtney, a transplant doctor at the coalface who accompanied Mrs Dobson to a meeting of the Health Committee in October 2013, expressed the view in response to questions that if the legislation were introduced in the wrong way, it could make things worse. I will leave it at that. Thank you.”
“<BR /> <BR />Whilst the consultation and the accompanying media coverage have heightened awareness of the issue, it was interesting to note in Committee that, according to the PHA survey, which took evidence from a range of clinicians who are actually involved in the process of organ donation, support for presumed consent was lower amongst them. At the very least, this would be a warning light to me that we need further consultation with the professionals, as opposed to a public consultation on the SurveyMonkey website. <BR /> <BR />When I look at the time that an individual would have to invest in discussing this with family and in appointing advocates, I wonder why they would not just take a few moments to fill in a donor card, thereby ensuring that their wishes are known in the event of their death.”
“Even if funding were available for this type of campaign, which, incidentally, I am very supportive of, as it is how we will get more names on the organ donor register and prompt more families to have the conversation, we cannot even be sure that an organ donation campaign would be amongst the top health priorities in Northern Ireland, given the many competing pressures on our health service at any given time. <BR /> <BR />The Bill assumes that soft opt-out and state ownership of organs will be acceptable to everyone and will become a societal norm. No matter how much I would like there to be no shortage of organs for donation, this just does not sit easily with me, and I daresay that I am not the only one.”
“The next of kin, however — possibly a husband, wife or partner — is absolutely opposed and devastated at the thought of their loved-one's organs being donated. My question is this: how will clinicians be able to deal with this at the hospital bedside? <BR /> <BR />The Bill assumes that an annual awareness campaign can be funded and will be pivotal in raising donation figures. Again, much as I think that the idea is sound, we all know that there simply are not the resources available for every awareness campaign that we might want.”
“I simply do not accept that this can be taken as given. Families will be in turmoil and possibly not even in the right state of mind due to the magnitude of their loss. How can a clinician be expected to oversee the practical outworkings of this? Will families be expelled from the bedside if they do not wish the donation to take place, with only advocates being present when arrangements for donation are being made? It seems unfair to me to place additional burdens on already overworked clinicians. <BR /> <BR />I give the example of someone who has expressed their wish to donate. They have two advocates in place, neither of whom is the next of kin. The donor has obviously placed their trust in these advocates to back up their wish, and we are assuming that it is for organ donation.”
“I spent a number of hours at Committee evidence sessions and took further time over the weekend to read through the draft Bill and its supporting material in more depth. After doing so, I have some questions as I seek further clarification on certain matters. I have real concerns with regard to the Bill, but I will reserve judgement on it until I have heard the full debate. <BR /> <BR />The main problem that I have with the content of the Bill is that it appears to be a Bill of assumptions. Let me just give one or two examples of what I mean. The Bill assumes that no family member would go against the wishes of any potential donor and offers the use of advocates to ensure that the donor's wishes are adhered to.”
“There are some truly amazing stories — we heard some today — of lives saved thanks to the generosity of individuals who made the decision to donate their organs. It is also amazing to see that the families of those tragically left behind after the death of a family member are able to gain at least some comfort from the fact that other lives have been saved or improved as a result of organs donated by their loved one. <BR /> <BR />For all the stories of courage, love and human kindness, organ donation remains an area that still has enough issues around it to merit further debate and action. I am pleased that this debate brings that opportunity to the House and to take part in it.”
“I rise as a member of the Health Committee and as someone whose name is on the organ donor register. I would like to pay tribute to Mrs Dobson for her work in raising the profile of this important issue and for ensuring that there has been considerable public attention and media coverage, which can only raise awareness further. That is to be welcomed. <BR /> <BR />Before I turn to specific aspects of the Bill, I would like to make some general remarks on the subject of organ donation. Although I have not had the personal experience of the Member, I am equally as passionate about the subject and believe that it is critical to raise awareness and provide the public with as much information and support as possible.”
“— was the way forward. There were other contributions as well. <BR /> <BR />Whilst the motion transcends politics, it is obvious that none of this will be possible without agreement to welfare reform. We all understand the severe cost that is being imposed. I thank the Members across the Floor for supporting the amendment.”
“<BR /> <BR />Mike Nesbitt, supporting the motion as amended, spoke of his awareness, in particular, of the stigma in relation to mental health, given his own wife's experiences. He talked about a mental health champion and the commitment in the Stormont House Agreement to have that trauma service. <BR /> <BR />Kieran McCarthy spoke to the motion and amendment. He said that Northern Ireland spent less per head than the rest of the UK on mental health. He also spoke of how the Mental Capacity Bill was moving through Committee Stage. <BR /> <BR />George Robinson said that he believed that a world-class mental health trauma centre —”
“<BR /> <BR />I want to turn to some comments from the Floor in relation to our party's amendment. I welcome the support given to the amendment. Fearghal McKinney, the proposer of the motion, said that it neither added to nor took away from the motion. He welcomed the intention to develop a mental trauma service. <BR /> <BR />Alex Easton, the proposer of the amendment, said that a mental trauma service has been discussed by all political parties and that it would lead to a better, joined-up service, allowing opportunity to share expertise and resources to the benefit of service users. Maeve McLaughlin spoke of the huge scale of the mental health problem in Northern Ireland.”
“I cannot think of one Department that does not have a part to play in shaping the service, whether it be the Department of Education looking at early coping mechanisms such as one I witnessed on a recent visit to Ballycraigy Primary School in my constituency, which provides a fantastic nurture facility to help children to cope with emotional and social difficulties; the Department of Agriculture in reaching out to the increasing number of members of the farming community who are experiencing depression; or the Department for Social Development in tackling drug and alcohol abuse through funding charities such as FASA, to name but a few. <BR /> <BR />There is no silver bullet and these are not changes that will happen overnight. However, working with the community and voluntary sector, we can make a real societal change.”
“He also acknowledged that over 213,000 people were suffering from mental health difficulties that could be attributed directly to the Troubles. That figure is likely to be much higher due to the ripple effects on families, causing a worrying precedent for future generations. <BR /> <BR />It is clear that this service is much-needed and will be possible only with inter-departmental working.”
“<BR /> <BR />With the Bamford vision to be able to treat as many people as possible within a community setting, our efforts must centre on normalising the reality of mental ill health and ensuring that we work towards community-based support systems, such as within the family, friendship circles or local help networks. Coupled with recognising the parity between mental and physical health, that would provide a strong foundation on which to provide early intervention and improve outcomes for those suffering from poor mental health. <BR /> <BR />In September, the Health Minister announced plans for a world-leading mental trauma service. At the time of the announcement, he recognised that mental ill health was the biggest cause of disability in Northern Ireland.”
“In the eight years since the publication of the Bamford report, we have made significant improvements in how we deal with patients presenting with mental health issues. That is a trend that we must continue and build on, in keeping with Transforming Your Care. <BR /> <BR />At the core of any strategy, we must focus on ensuring that stigma surrounding mental ill health is removed. Sadly, many misconceptions, inaccuracies and misnomers surround the issue, meaning that many people, particularly men, are reluctant to ask for help.”
“Twenty-three years on, I trust that mothers today are more aware and that the stigma that has always been there has lessened over time.”
“I rise as a DUP member of the Health Committee and as a member of the Ad Hoc Committee on the Mental Capacity Bill, which is currently going through. I welcome the opportunity to contribute on this important matter. As we are all aware and as many Members have highlighted, during our lifetime, one in four of us will be affected by some degree of mental health difficulty. Many of us in the Chamber, including me, will be well aware of what it is like to suffer from poor mental health at some stage in our lives. In my case, after childbirth, I did not recognise that I was suffering from postnatal depression. Unfortunately for me, I was not diagnosed. In fact, I was not even aware that I should be seeking help at that time of my life.”
“Those parts also transfer the regulation of drinking water from DRD to DOE, which is a pragmatic and sensible approach, given DOE's expertise in dealing with water-quality matters. <BR /> <BR />The Bill is welcome for the environment and for businesses in Northern Ireland. The new regulations will ensure that, by introducing less cumbersome legislation, we allow companies not to get bogged down in red tape and ensure that they can continue to expand without restrictive regulations. Environmental protection is, of course, at the fore of the Bill, and I am hopeful that the Bill will be of benefit to our environment through a quicker and more streamlined action to those who fail to comply with regulation. I look forward to scrutinising the Bill at Committee Stage.”
“<BR /> <BR />Parts 1 and 2 of the Bill will make businesses more aware of what is required of them and will make it easier for the Department to assess and implement compliance. It is important to note that the Bill does not intend in any way to dilute the importance of environmental regulation; its sole purpose is to reduce bureaucracy and to make it easier for businesses to fulfil their environmental obligations. <BR /> <BR />Parts 3, 4 and 5 provide a streamlined method for listing authorised fuels and exempted fire places for use in smoke-free zones, which will mean that businesses will have to wait only one month before they are passed for us instead of six months.”
“Businesses have had difficulties in understanding increasing regulation and environmental laws, thus becoming complacent or using vast amounts of resources to ensure that their obligations are met. <BR /> <BR />The Bill will amend the Clean Air (Northern Ireland) Order 1981, the Environment (Northern Ireland) Order 2002, and the Water and Sewerage Services (Northern Ireland) Order 2006 to provide a framework that is easier to regulate, understand and operate. Under the Bill, the existing separate regimes governing waste, pollution, water and radioactive substances will be brought together into a single framework, which will ensure greater uniformity and ease of use.”
“It is key to the success of the Bill that we do not penalise those businesses that act in accordance with the regulations and instead seek to deal severely with those businesses that persistently flout the rules and damage our environment. <BR /> <BR />The Bill will mean that serial offenders, or those who seriously breach the regulations, will be dealt with quickly and severely. Conversely, those businesses that have breached the regulations through oversight or misunderstanding will receive support and guidance to achieve compliance. The current system is not especially user-friendly for businesses, which has, unfortunately, led to breaches that are largely avoidable and, at times, inadvertent.”
“As Deputy Chair and a DUP member of the Environment Committee, I welcome the opportunity to speak on the Second Stage of the Environmental Better Regulation Bill today. The primary aim of the Bill is to streamline environmental regulation whilst robustly protecting the environment and, in turn, ensuring that businesses can operate in a more efficient and cost-effective manner. <BR /> <BR />When looking at regulation, it is important that those who comply are not burdened with additional red tape. However, those who do not comply should rightly expect greater attention from the Northern Ireland Environment Agency.”
“Given the issues raised in the debate and the convoluted nature of the restrictions in clause 20, the DUP may consider looking again at the restrictions in the Bill for new drivers, and we will be happy to work with the Minister should he choose to amend clause 20 to address the Assembly's concerns. I urge Mrs Overend not to move her amendment until after further discussions. <BR /> <BR />The Bill will ensure that Northern Ireland's roads are safer for all users and that our drivers are better equipped. We must all support the Road to Zero campaign, and I welcome any steps that we can take to ensure that this happens.”
“Many of us who are parents of young drivers will understand that the restrictions on newly qualified drivers for the new driver period may be challenging, confusing and, indeed, frustrating, although it is worth noting that the new driver period would be for six months only. Nevertheless, young people, such as those involved in church or youth groups, may be disadvantaged by the restriction imposed by the proposed amendment when returning home from their various activities, even though the amendment actually relaxes the Department's restrictions at clause 20. We can, of course, appreciate the logic of Mrs Overend's amendment and see the benefit of amending the restrictions to allow under-24-year-olds who are new drivers to move freely between 6.00 am and 10.00 pm, whilst retaining the night-time restriction.”
“I fully appreciate that people learn at different rates, but maintaining the current age for obtaining a provisional licence and introducing a minimum learning period will hopefully mean that our young people are better equipped to deal with unfamiliar situations when driving. Inexperience is without doubt the biggest challenge to young drivers, and it is hoped that removing the race to pass their test as soon as possible after they turn 17 will allow for a period of extended learning behind the wheel with a practice driver. This should lead to greater understanding of vehicle handling, road conditions and speed awareness, in turn reducing the number of accidents caused by lack of experience. <BR /> <BR />I turn to the amendment proposed by Sandra Overend.”
“Every death on our roads is one too many, and I hope that we can reverse the current trend, reduce the number of fatalities and lessen the pain felt by the families left behind to deal with the aftermath and devastation. <BR /> <BR />The Committee has fully scrutinised all aspects of the Bill to ensure that it protects road users and provides clear boundaries for motorists. I am particularly pleased that the proposed clause 16, which would have reduced the minimum age for obtaining a provisional licence from 17 to 16 and a half, has been removed, and that the minimum age remains at 17. Coupled with the amendment to clause 17, which will require a young person to hold a provisional licence for a minimum of six months, rather than the previously proposed 12 months, it is, I feel, a sensible and workable compromise.”
“I will speak as Deputy Chair of the Environment Committee and a DUP Member. I welcome the opportunity to discuss the recommendations of the Committee on the Road Traffic (Amendment) Bill and, in particular, the group 2 amendments. <BR /> <BR />There was a sharp rise in fatalities on our roads in 2014, with 79 people losing their life. That followed several years of decline in the figures and represents a worrying trend that must be halted. Of the 79, 18 were pedestrians, 13 motorcyclists and three cyclists, clearly demonstrating that road safety is not just the responsibility of those travelling in cars. Each and every person on our roads has an obligation to take their time, pay attention and consider other road users before and during their journey, whether by motor vehicle, bicycle or on foot.”
“<BR /> <BR />I realise that the legislation has the potential to change for ever the habits of the people of Northern Ireland. I cannot imagine that anyone would object to the new measures to ensure that we do all that we can to reduce the number of fatalities and serious injuries that we hear about too frequently on our news channels. I support the amendments.”
“I thank the Member for his intervention and agree with the points that he made. There is no doubt that the reduction in the alcohol limit in the testing will be good, because it takes out of the scenario the question "Can I have these drinks and still be OK to drive?". From the beginning, it makes the decision for the individual. Hopefully, it will make it easier for people to manage their social life, and they will know in advance to make other plans. Obviously, the results from the test can vary depending on whether you are male or female, your size, your weight, what you have eaten and whether you have exercised. There are so many different scenarios in there, and it is difficult to be sure that you are being safe. This will make things easier for the consumer.”
“I also welcome the reduction to 20 milligrams per 100 millilitres for professional drivers, such as bus and taxi drivers. Reducing that limit to virtually zero limits the ambiguity, and that will be removed in both scenarios. Hopefully, we will reduce the number of people who endanger lives by driving while under the influence of alcohol.”
“It is worth noting that the statutory option has not been adopted by any other signatory to the European Convention on Human Rights and that Great Britain is in the process of removing the same statutory option from their legislation. The Committee had recommended the removal of the statutory option and is supportive of the Minister's opposition to clause 3. <BR /> <BR />I am also satisfied that, when looking at clause 3, the Committee has agreed to reduce the legal limit of blood alcohol permitted for driving to 50 milligrams per 100 millilitres of blood, which will bring Northern Ireland into line with much of Europe. The change from 80 per 100 to 50 per 100 will encourage us all not to take chances and drive with excess alcohol in our system.”
“That, obviously, would have a negative impact on police resources and, we are told, would mean the closure of the roadside checkpoint whilst the alleged offender was escorted to the police station in order to have further blood or urine tests carried out. <BR /> <BR />The PSNI emphasised that modern technology has improved much over time, provides reliable, consistent evidence, and has lessened the need for the safeguard of the statutory option.”
“I welcome the opportunity to speak briefly on the group 1 amendments to the Road Traffic (Amendment) Bill as a member of the Environment Committee. The Committee received responses in written evidence from 17 organisations, one of which, as we have already heard, was the PSNI, which was concerned with the practical outworking of the statutory option at clause 3. A classic example would arise in the case of a driver who received a positive reading when the breath test was taken at the roadside and requested to have a further test at the station. That would mean a delay of, possibly, hours, leading to a scenario of a higher or lower reading of alcohol.”
“That will undoubtedly improve standards across the hospitality industry, and I trust that it will be broadly welcomed on that basis.”
“Many of us order food through websites or apps on our mobile phones, tablets and computers; we pay for it and arrange delivery without ever actually visiting the premises. The new ratings scheme should be as easily identifiable and recognisable through online ordering processes as it would be as if the consumer were visiting the premises and observing the rating displayed in the establishment. <BR /> <BR />It is testament to the work of the FSA and departmental officials that the Bill has gone through the Committee with minimal amendments. I look forward to it progressing to the next stage. <BR /> <BR />As I have already said, the Bill will, without reservation, provide consumers with a clear and simple way of identifying the hygiene standards of a food outlet and allow them to make choices based on that information.”
“I spoke out consistently, and throughout the Committee's scrutiny of the Bill, for the need for online food outlets to be included in the legislation. <BR /> <BR />In 2015, we see an ever increasing reliance on the Internet to order food directly to our homes, and I believe that it is vital that those who supply food online be equally subject to this important piece of legislation and that we, as consumers, can see clearly on our screens the food hygiene rating awarded to a food provider. Just as you would now expect to see the rating displayed clearly in a prominent place, such as the door or window of a premises, you should also be able to see it online, or at least a link to the FSA published ratings. <BR /> <BR />Increasingly, we rely on technology in all aspects of our lives, and the ordering of food has not escaped that change.”
“Under the current voluntary scheme, 56% of businesses display their ratings. However, that falls dramatically to only 13% in businesses that were given ratings of between zero and two. The new mandatory scheme will provide a more consistent approach to food hygiene ratings and will increase consumer confidence in the hospitality industry. During the Committee's scrutiny of the Bill, we agreed a number of amendments that will help businesses to administer the scheme. <BR /> <BR />I am particularly pleased that the Committee agreed to table amendment No 19 to clause 7 to require businesses supplying food via online facilities to display their ratings online through regulations, and I look forward to seeing those regulations in the near future.”
“The health of the public is of the utmost importance, and the Bill will provide a structure to enable food establishments to improve standards across the industry.”
“Whilst it has worked well in instances where establishments have achieved a good rating, I believe that it has led to consumers being less well informed when choosing establishments with ratings that have not been so good. It is my perception that most of the public assume that the scheme is mandatory. Therefore, it is to be welcomed that the Bill will remove this grey area and allow the public to make clear and informed choices when eating food outside of their homes. <BR /> <BR />The Bill's primary function is to reduce instances of food-borne illnesses in Northern Ireland, around 48,500 cases of which are reported each year, resulting in 450 hospitalisations and 20 deaths. I believe that this figure is only the tip of the iceberg, with many more cases going unreported.”
“As a member of the Committee for Health, Public Safety and Social Services, I rise to support the Consideration Stage of the Food Hygiene Bill and to address the second group of amendments. I would like to begin by commending the hard work carried out by the Food Standards Agency following consultation with the Committee. That work has been vital to ensure that the Bill is comprehensive and thorough but, above all, is user-friendly for establishments that serve food and environmental health officers who will oversee its day-to-day outworkings. I also place on record my thanks to the Committee Clerk, staff and the researchers, who worked hard to provide members with all relevant information throughout the scrutiny process. <BR /> <BR />The current scheme has been operated on a voluntary basis for a number of years.”
“<BR /> <BR />I do, however, support the Bill in the main and believe that, if properly worked out, it will give us a great opportunity to make our health service much more efficient and competent. I trust that the Department will ensure that the privacy and protection of service users is kept at the forefront during the next stage of the Bill, if passed.”
“Our current position permits information to be shared without a framework, structure or guidelines, and in taking the Bill forward I hope that many of the obscurities will be removed. It is my view that the key focus of the Bill should be on the principle of attempting to obtain consent at all times when practically possible and that we should have to call on this in only the most extreme circumstances. <BR /> <BR />I would hazard a guess that many people whose information is shared for the purpose, for example, of researching outcomes for cancer patients would not object to that, but questions remain about who would be able to access the information and for what purpose. We must ensure that we do not open the floodgates to sharing personal information without prior consent, awareness or knowledge.”
“Public interest remains open to interpretation and will still require any organisation making an application to access information to make its case for why its needs it and how it will serve public interest. I am anxious that that loophole is addressed and a much clearer definition put in place to remove the subjectivity of the term and to ensure that decisions to share information are made on the most robust basis. <BR /> <BR />In looking at how the Bill may assist medical research, I am of the opinion that there is a vast opportunity to improve the healthcare system, streamline services and better predict future trends. However, that area also requires incredibly stringent guidelines.”
“Organisations are often reluctant to pursue information on that basis, and there is a significant deficiency, in the legal context, for them to do that. Thus any benefit that may have been gained is lost. <BR /> <BR />The Bill aims to put in place a legal framework for sharing any information in restricted and controlled circumstances. It would also include an overseeing body that would independently assess any request for access to information within the parameters of the legal guidance. It will be necessary that any information that is provided will be used to secure a significant outcome that could not otherwise have been achieved in the absence of that information. My concern with that is that the phrase "public interest" still forms the basis of any decision that is made.”
“We must ensure, however, that in taking the Bill forward we do absolutely everything we can to make sure that privacy and personal information are protected. <BR /> <BR />In cases were consent has not been possible and where anonymous information is used, the requirements to protect the information fall under the Human Rights Act, the Data Protection Act and the common law duty of confidentiality. There must be a clear statutory reason for sharing the information, and it must be deemed to be in the public interest. Therein lies the first major anomaly in the current provision. The term "public interest" is incredibly vague and open to interpretation, meaning that decisions are based on subjectivity and are open to challenge.”
“I rise today as a member of the Committee for Health, Social Services and Public Safety to speak on the Health and Social Care (Control of Data Processing) Bill. I was greatly concerned to learn that patient information is being shared without prior consent or knowledge within the secondary health service. Whilst the Bill aims to put in place a legal basis for sharing that information, I believe that there is a great deal of obscurity and lack of precision in it. I trust that the Minister will provide some more clarity on those issues today. That said, I feel that the Bill offers huge opportunities to advance the healthcare system by allowing information to be disseminated for the purposes of further research into various illnesses and conditions, as well as planning for future health and social care provision.”