Finian McGrath (Dublin North Central, Independent)

I am grateful to the Ceann Comhairle for the opportunity to speak on this very sad case dealing with Mr. Peter McKenna and the Hynes report. There are no winners in this report and I offer my deepest sympathy to Mr. McKenna's family. As a parent of a daughter with Down's syndrome I have a special understanding of the pain, trauma, loss and hurt. I also believe that St. Michael's House should have the opportunity of putting its side of the story on the record and recent events have clearly shown that a grave injustice was done to the caring staff of that institution and their image with the public. I intend to set the record clear tonight.

Founded in 1955, St. Michael's House is a voluntary community based facility providing services to 1,400 children and adults with a learning disability and their families. It is one of Ireland's largest providers of services for people with learning disabilities.

I must also declare an interest as my family are users of the St. Michael's House service and as far as I am concerned it is top class, professional and caring. It was always in favour of a full investigation into Mr. McKenna's case but strongly believes that the second Hynes report is flawed as it leaves out several outstanding issues. I am inclined to agree with St. Michael's House on some core and fundamental points, as follows.

The factual evidence provided to Mr. Hynes by St. Michael's House is dealt with by way of an addendum to the final report. The final report contains criticisms of St. Michael's House that are withdrawn in the addendum. The presentation of a final report with an addendum is confusing, contradictory and unfair.

Mr. Hynes did not interview the staff involved in the care of Mr. McKenna. He did not seek expert medical opinion in considering the course of Alzheimer's disease in people with Down's syndrome. In its conclusion, the report ignores the fact that the proposal to transfer Mr. McKenna to Leas Cross was endorsed by an independent medical expert appointed by the High Court who visited that nursing home and deemed it suitable for Mr. McKenna's needs. Neither does the report highlight the fact that, due to his wardship, the decision to transfer Mr. McKenna was a matter for the President of the High Court who ordered the transfer "immediately and as a matter of urgency".

Mr. Hynes suggests that the main criterion used by St. Michael's House in recommending Leas Cross was simply its registration with the NAHB. This is not the case and St. Michael's House fully agrees with the HSE it would be flawed thinking to expect that because a nursing home is registered it is suitable for all patients.

St. Michael's House used several criteria in recommending Leas Cross, including two years experience with the facility for respite and long-term care, one year's experience of another client with Down's syndrome and Alzheimer's disease, the nursing home matron's 11 years experience in working with people with learning disabilities, the regular monitoring programme St. Michael's House has in place and the fact the Mater and Beaumont hospitals regularly referred clients to Leas Cross.

Mr. Hynes ignores the fact that Leas Cross nursing home in 2000, with 35 residents, was very different from the Leas Cross he visited in 2005, which had 110 beds. He failed to investigate the circumstances of a cancelled medical appointment with Beaumont Hospital or seek any information from that institution. St. Michael's House believes the second Hynes report does no service to the McKenna family or to St. Michael's House.

St. Michael's House will co-operate fully with the HSE in any fair and transparent process to assist the McKenna family in resolving any outstanding concerns. I welcome the fact that St. Michael's House welcomes the HSE's executive summary which acknowledges the shortcomings of the Hynes report — page 3, item 5, page 4, item 9 and page 5, item 9. St. Michael's House continues to be willing to work constructively with the McKenna family and the HSE to address and respond to the family's concerns.

The public should be told the facts about people with Down's syndrome infections and Alzheimer's dementia and the real world situation involved in dealing with the advanced stages. I am dissatisfied overall with the Hynes report as I believe a major part of the story was left out and hence a caring organisation like St. Michael's House has suffered in the public mind. It deserves justice and fair play, just like Mr. McKenna. It also deserves that the truth should be told and hence my attempt to set the record straight in the House. I hope my contribution will assist St. Michael's House and bring the service providers and families closer together.

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