Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Oireachtas Committee on Health

Whistleblower Allegations: Department of Health

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I note that both the members of the committee and the witnesses appearing before us today are doing so virtually from within the precincts of Leinster House. I welcome Mr. Robert Watt, Secretary General of the Department of Health, and his officials: Dr. Kathleen Mac Lellan, assistant general secretary, social care division; Mr. Niall Redmond, principal officer, older persons policy development unit; and Ms Deirdre O'Gara, legal adviser.

Mr. Watt will address allegations made by Mr. Shane Corr as a whistleblower in the "RTÉ Investigates" programme broadcast on Thursday, 25 March. The committee met last week in private session with Mr. Corr to hear his evidence on the matter. In the "RTÉ Investigates" programme, it was alleged that dossiers, which apparently included sensitive medical and educational material on children involved in dormant court cases, were compiled and maintained over a number of years by the Department of Health, allegedly without the knowledge or consent of the parents of those children. The committee thanks Mr. Watt and his officials for the provision of briefing materials relating to this matter over the past few weeks. However, the committee is not entirely satisfied with some of the responses provided and the relevant issues will be raised again today.

I advise the witnesses that they are protected by absolute privilege in respect of the presentations they make to the committee. This means they have an absolute defence against any defamation action for anything they say at this meeting. However, they are expected not to abuse this privilege and it is my duty as Chair to ensure it is not abused. Therefore, if the witnesses' statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction. Only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person, persons or entity by name or in such a way as to make him, her or it identifiable. These are normal parliamentary procedures that exist to ensure our proceedings today are conducted in a constructive and fair way. Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I also remind members that they too are expected to strictly adhere to the subject matter scheduled for discussion today. The committee cannot make adverse findings of fact against any individual and we will proceed accordingly.

I call Mr. Watt to make his opening remarks.