Seán Power (Kildare South, Fianna Fail)

I am taking the matter on behalf of my colleague, the Tánaiste and Minister for Health and Children, Deputy Harney. I thank Deputy Finian McGrath for raising this sensitive matter and giving me the opportunity to outline the position regarding it. I know all Members of the House would like to extend their sympathy to the McKenna family on the death of their brother, Peter. It has been a very difficult time for the family.

Following representations from the Department of Health and Children in October 2001, the Eastern Regional Health Authority launched an independent investigation into matters relating to the care and subsequent death of Mr. Peter McKenna in October 2000 in Leas Cross nursing home. Mr. McKenna had been a client of St. Michael's House, a service for people with intellectual disabilities, and had been transferred to Leas Cross nursing home shortly before he died.

In August 2003 following High Court approval for the release of the deceased's medical records, as he was a ward of court, the Eastern Regional Health Authority initiated an independent review by Mr. Martin Hynes of the events leading to his death at Leas Cross. An initial draft report of Mr. Hynes's findings was presented in October 2003. It was then felt the terms of reference required extension, in particular to allow the views and experiences of the family to be taken into account.

On 23 September this year a copy of the final report was forwarded to the relevant parties. Each party was invited to make comments on the final version of the report within 21 days. The report by the independent consultant engaged by the Health Service Executive was made available to the family by the HSE on Wednesday last, 9 November 2005. The report is now available on request from the HSE.

The report contains an executive summary with overall recommendations in the following areas: advocacy on behalf of the family in respect of any remaining unanswered questions, an integrated complaints procedure, referrals to alternative care, terms of reference for service reviews, written handover procedures, nursing home inspection procedure, internal complaints and concerns for staff and a code of governance for both State and agency provided services.

Progress has already been made by the HSE in implementing some of the actions indicated by the report's recommendations. The HSE will now be proceeding to implement the recommendations in full as soon as possible. The HSE acknowledges in the report that some unanswered questions may remain for Mr. McKenna's family. It has offered to continue to engage with the McKenna family in this regard and to facilitate a meeting with St. Michael's House if the family so wishes.

I would like to express my confidence that the lessons learned from this investigation will be used positively in the future by all parties to protect the interests and quality of services for persons in receipt of care.

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