Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

B'fhéidir go bhfaca cuid de na Seanadóirí clár tragóideach go leor a bhí ar "Prime Time" Déardaoin seo caite, faoi chás chailín beag as Chonamara a fuair bás go tragóideach agus go hóg. On last Thursday's "Prime Time", Ms Aoife Hegarty did a sad report on the death of a six year old girl in Connemara due to medical issues. The Conroy family tried to have a hearing with the Medical Council on the death of Aibha. Due to particular legal circumstances, the Corbally High Court ruling kicked in when the family tried to have the case heard. The programme raised serious issues about the ruling's effect on people who were taking cases where they believed there had been poor professional performance or standards in the medical profession had not been upheld. The programme also stated that there were serious implications for the role of the Medical Council as an independent arbitrator in ensuring that patients got justice. A number of families feel that they are not getting justice because of the double jeopardy rule. When the Medical Council holds a hearing, it now takes a narrow interpretation of the High Court ruling, which makes it difficult to prove poor professional performance. Once the hearing has been held, the case cannot be heard again because of the double jeopardy rule.

A number of issues arise. Some pertain to us while others to the families that feel they have not got justice. At least 11 other cases are pending Medical Council hearings. I would appreciate it if the Minister for Health attended the Seanad to debate the role of the Medical Council in this and its intentions for those other cases. An appeal will be taken to the Supreme Court in the autumn. Does the Medical Council intend to postpone the current cases until after that has been ruled upon? If it does not, it will leave other families in a position similar to that of the Conroys, in that they will feel they have been denied justice. Why did the council not postpone the hearing of the Conroy case or pursue other courses of action that would have revealed more answers as to why that tragic situation occurred? The family would like to have the truth and answers and does not want to see other families in the same position. The Minister's attendance for a debate on this matter would be important.