Mary Harney (Dublin Mid West, Progressive Democrats)

I have been in the House many years, but I have never known of a case where medical staff, whether doctors or other professionals, were shy about voicing their concerns in any forum. Dr. O'Reilly, the man to whom Deputy Twomey referred, worked in Waterford and then moved to Cork. His post was advertised, but I did not get anybody suitable for it and a locum was appointed in the meantime. I do not believe legislation has prevented him or anybody else from voicing their concerns, including in a public forum.

We must distinguish between those that may, from time to time, express concerns on behalf of patients and those that may have their own perspective on matters. I have not yet received the Neary report, but from what I know of the situation issues will arise with regard to clinical governance. The reality is that nobody at clinical governance level has statutory backing to take action. That is a very different issue. Neither the professional ethics of the Medical Council nor others give protection in this situation. Neither does the board of the hospital give protection. Every hospital has a chairman of its medical board or council, but that person does not have adequate protection in law. I think legislative issues will arise in that regard. Also, contract issues will arise with regard to time that can be assigned on a full-time basis to these important issues.

It is only somebody at the Deputy's peer level who could intervene in the interests of patients. It is not reasonable to expect people who are not medical personnel to be able to take action when they feel something is inappropriate in a hospital. The Neary report will, I hope, provide a basis for legislation in this area.

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