Tim O'Malley (Limerick East, Progressive Democrats)

I am pleased to have an opportunity to respond on behalf of the Tánaiste to the issues raised by Deputy Connolly and to advise the House of the background and current position in regard to these matters.

In 1998, employees of Our Lady of Lourdes Hospital, Drogheda, alleged to the North Eastern Health Board's legal adviser that Dr. Michael Neary had been performing an abnormally high rate of caesarean hysterectomies at the hospital. The board invited the Institute of Obstetricians and Gynaecologists to nominate an expert group to investigate the complaints against Dr. Neary. The group reported in 1999 as follows: first, Dr. Neary's practice had a high incidence of both caesarean section births and peripartum caesarean hysterectomy, namely, removal of the uterus following delivery of a baby, and, second, in regard to the patients who had a peripartum caesarean hysterectomy, Dr. Neary's clinical practice was unacceptable in 46.2% of cases, doubtful in 12.8% of cases and acceptable in 41% of cases.

The North Eastern Health Board referred the report to the Medical Council. The council also received 37 other complaints concerning Dr. Neary's professional conduct. The council's fitness to practice committee decided that 21 of these complaints warranted holding an inquiry under the Medical Practitioners Act 1978. On the application of the Medical Council in February, 1999, the High Court granted an order suspending Dr. Neary from the Medical Register. That order remained in place for the duration of the inquiry.

The Medical Council reported in July 2003 and decided that Dr. Neary's name should be erased from the Medical Register after finding him guilty of professional misconduct in regard to the unnecessary removal of wombs from 12 patients between 1986 and 1996. The Government decided that a further inquiry was necessary into the matters raised by the Medical Council. Judge Maureen Harding Clark, a judge of the International Criminal Court, was appointed to chair the inquiry. The principal purpose of the inquiry, which is non-statutory, is to establish why so many peripartum hysterectomies were performed at Our Lady of Lourdes Hospital over such a long period, and to ensure that all necessary measures are put in place to prevent any recurrence of this within the hospital system. Specifically, the inquiry is examining the rate of peripartum hysterectomy at Drogheda, and how this rate compares with the rate in other maternity units of similar status. It is seeking to establish whether the practice was commented on or acted upon by consultant or other medical and nursing staff, or by management of the hospital. It is seeking to ascertain the system of recording at the hospital, whether such records still exist and, if not, what has become of them. It is seeking to establish whether this review and consultation took place within the unit and whether periodical clinical reports were prepared. It is also examining the practices and protocols currently in place at the hospital with a view to advising on whether additional protocols and systems of control should now be put in place.

It is understood that the inquiry is making good progress and has received a significant level of co-operation to date in its work. Subject to legal advice, it is the intention of the Tánaiste to publish the report of the inquiry when it comes to hand.

Patient Focus is an advocacy group that represents some 130 women who were patients at the obstetrics-gynaecology unit at Our Lady of Lourdes Hospital. It is understood the group has been co-operating with the inquiry.

The Tánaiste has received proposals from Patient Focus requesting the establishment of a redress board and intends to meet the group shortly to discuss its request. Following that meeting, the Tánaiste will discuss the matter in consultation with her Government colleagues.

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