We would actually be exposing patients to not being able to use the processes that are in place. We all agree that the complaint should still go to a professional body but should also be something that is dealt with by the HSE. It is not within the remit of the Bill to address that. It is something that has to be looked at in a way that works for patients. Simply deleting a specific sub-clause of the 2004 Act will not give us what we want for patients.

I move amendment No. 21: In page 49, between lines 9 and 10, to insert the following: “‘cancer screening service’ has the same meaning as it has in section 2 of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2022 ;”.

I move amendment No. 22: In page 49, between lines 9 and 10, to insert the following: “ ‘complainant’ shall be construed in accordance with section 41A(5);”.

I move amendment No. 23: In page 49, to delete lines 10 and 11 and substitute the following: “ ‘health service’ means the provision of clinical care or any ancillary service to a person for— (a) the screening (other than screening carried out by a cancer screening service), preservation or improvement of the health of the person, (b) the prevention, diagnosis, treatment or care of an illness, injury or health condition of the person, (c) the performance or surgery, or a surgical intervention, in respect of aestheti…

I move amendment No. 24: In page 49, between lines 14 and 15, to insert the following: “ ‘patient’ has the meaning assigned to it by section 41A(10);”.

I move amendment No. 25: In page 55, between lines 13 and 14, to insert the following: “Amendment of section 41 of Act of 2007 45. Section 41 of the Act of 2007 is amended, in subsection (1), by the insertion of the following paragraph after paragraph (c): “(ca) undertake reviews in accordance with section 41A,”.”.

I move amendment No. 26: In page 55, between lines 13 and 14, to insert the following: “Review of specified incident by chief inspector 45. The Act of 2007 is amended by the insertion of the following section after section 41: “41A. (1) This section applies where it appears to the chief inspector that a specified incident has occurred, following— (a) the receipt by the chief inspector of a complaint in relation to the specified incident concerned, (b) the notification of the specified incident concerned to the chie…

I move amendment No. 1 to amendment No. 26: In section 41A(10), inserted by section 45, to delete the definition of “specified incident” and substitute the following: “ ‘specified incident’ means an incident that occurs on or after the coming into operation of this section— (a) that may have resulted in the unintended or unanticipated death or serious injury of a patient, and (b) that has occurred in the course of the provision of a health service to that patient by a relevant entity, where some or all of that heal…

I move amendment No. 27: In page 55, between lines 13 and 14, to insert the following: “Amendment of section 72 of Act of 2007 45. Section 72 of the 2007 Act is amended, in subsection (1)— (a) by the insertion of “or a review referred to in section 41A” after “section 41”, (b) in paragraph (a), by the insertion of “referred to in section 41, or an inspection relating to the review referred to in section 41A, as the case may be” after “the inspection”, and (c) in paragraph (b), by the insertion of “referred to in se…

I move amendment No. 28: In page 55, line 16, to delete “subsection (1)(b)” and substitute “subsection (1)”.

I move amendment No. 29: In page 55, line 16, to delete “subparagraphs” and substitute “paragraphs”.

I move amendment No. 30: In page 55, line 17, to delete “subparagraphs (i) and (ii)” and substitute “paragraphs (i) and (ii)”.

I move amendment No. 31: In page 55, line 23, to delete “and”.

I move amendment No. 32: In page 55, between lines 23 and 24, to insert the following: “(b) by the insertion of the following subsection after subsection (2): “(2A) If the chief inspector considers it necessary or expedient for the purposes of a review referred to in section 41A, the chief inspector may enter and inspect at any time any premises— (a) owned or controlled by a relevant entity within the meaning of section 41A, or (b) used or proposed to be used for any purpose connected with the provision of a health…

I move amendment No. 33: In page 55, to delete line 26 and substitute “provider”,”.

I move amendment No. 34: In page 55, between lines 26 and 27, to insert the following: “(c) by the insertion of the following subsection after subsection (4): “(4A) A chief inspector, in respect of premises referred to in subsection (2A), may— (a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services provided by a relevant entity within the meaning of section 41A, (b) inspect the operation of any computer and any associat…

I move amendment No. 1 to amendment No. 34: To delete paragraph (d) and substitute the following: “(d) in subsection (5)— (i) by the insertion of “or (2A)” after “subsection (2)”, (ii) in paragraph (ii), by the substitution of “section 41, or of a review referred to in section 41A” for “section 41”, and (iii) by the insertion of “or to the review” after “is relevant to the inspection”,”.

I move amendment No. 35: In page 55, between lines 26 and 27, to insert the following: “Amendment of section 75 of Act of 2007 46. Section 75 of the Act of 2007 is amended— (a) in subsection (1)— (i) in paragraph (a), by the substitution of “section 8(1)(d),” for “section 8(1)(d), or”, (ii) by the substitution of the following paragraph for paragraph (b): “(b) in relation to any premises referred to in section 73(2) or (2A), the chief inspector conducting an inspection referred to in section 41 or a review referred…

I move amendment No. 1 to amendment No. 35: In section 46, to delete paragraph (a) and substitute the following: “(a) in subsection (1), by the substitution of the following paragraph for paragraph (b): “(b) in relation to any premises referred to in section 73(2) or (2A), the chief inspector conducting an inspection referred to in section 41 or a review referred to in section 41A,”,”.

I move amendment No. 36: In page 55, between lines 26 and 27, to insert the following: “Amendment of section 78 of Act of 2007 46. Section 78 of the Act of 2007 is amended, in paragraph (ii), by the insertion of “or section 41A” after “section 41”.”.