Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Oireachtas Committee on Health

Whistleblower Allegations: Department of Health

Mr. Robert Watt:

I agree with Senator Hoey that the allegations are extraordinary and people will find it difficult to marry the programme with the documentary evidence that we have published and prepared. That is for others to decide. It has done reputational damage and we are trying to address that, as best we can, but it is hard to address that fully.

Of course, the practices that are alleged are not ethical and they did not take place, as I have set out. Clearly, our prying on families and having secret dossiers would be inappropriate but that did not take place. I know Senator Hoey is not talking about those ethical practices, she is referring to whether sharing information and challenging the cases is ethical.

On the sharing of the information, it is seen as an efficient way for co-defendants to try to manage the cases efficiently and resolve, mediate and settle the cases. It is based on administrative efficiency rather than having one part of the case in one part of the system and so on, because the Department of Education, the HSE or the Department of Health could be involved. It makes sense for the information to be shared so that we have one file on all the different elements relevant to the case and its potential settlement.

In terms of sharing the information, we are satisfied of the administrative necessity and legality. Can we share that better and be more secure about it? Yes, of course. We are looking at that and accept we can always do better.

The other ethical question is about service access and that is the key question here. We are trying to improve services. It is about, all the time, trying to improve services so that families do not have to take cases, the system provides the best possible services and, where possible, families are happy or content but, at least, accept more is being done or they are getting the supports they can. Ultimately, that is the objective and what we are about in the Department.

There have been significant improvements in recent years. Significant investment has taken place and enhanced services have been provided for people with special educational needs right across the area. Of course, we all know we can do better and that is the objective.

On the wider ethical question about contesting cases, I have nothing further to add to what I said to Deputy Kenny, in that there is a fundamental public policy question about whether we want services to be allocated based on people's ability to access the law or administrative practice based on laws passed by the Oireachtas. This is a fundamental question which goes way beyond our discussions this morning but it is absolutely central to how one manages areas such as this which are contested. Many areas in public policy are contested. People have rights and can seek to have those rights vindicated in the courts. That is the way things work.