David Stanton (Cork East, Fine Gael)

I thank the Ceann Comhairle for allowing me to raise this matter this evening and the Minister of State for coming into the House to reply. I am pleased the Minister of State, Deputy Brian Lenihan, is here because this is a medico-legal issue.

In the 1960s several children participated in a trial of a vaccine without any apparent consent. The previous Minister for Health and Children, Deputy Martin, instigated a ministerial order in 2001 stating that this was the best guarantee against a cover-up or a whitewash. He added that he would do everything in his power to find out what happened.

The first problem arose when the Supreme Court told an eminent professor the Commission to Inquire into Child Abuse had not dealt fairly with him and he would not have to give evidence. In 2004 the High Court said the Minister had acted outside his powers and that his order was ultra vires and the case was thrown out. Not much has happened since then.

What is the situation now? I have asked several times on the Order of Business whether legislation will be brought forward because it seems this is the only way to solve this problem. Mr. Justice Ó Cuív said in the High Court that other forms of inquiry might be possible. The Government raised the hopes of the people concerned with this order. They want to know what happened and the matter to be completed.

What does the Government intend to do? It is a year since the courts finalised this matter and the Government is sitting on it. I have raised it here and was led to believe that the Commission to Inquire into Child Abuse (Amendment) Bill 2005, which was published recently, would deal with the issue. As of last week, however, it seems that will not be the case. I fear this issue is being pushed aside and forgotten about.

The Tánaiste and Minister for Health and Children referred this morning to the issue of the age of witnesses. The issue is wider than that because the Government acted outside its powers in bringing forward this order. The Bill will not deal with the issue. Will the Minister of State say what the Government intends to do about this, if anything? If it is going to act, what is the timeframe? The people whose lives have been on hold because of this want answers and I hope the Minister of State will provide them.

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