Dáil debates

Wednesday, 1 March 2006

10:30 am

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

I repeat statements I made yesterday by thanking the chairperson, Judge Maureen Harding Clark and the inquiry team for their work in recent years in conducting the inquiry and in the preparation of a very comprehensive report. She acknowledged the co-operation given to the inquiry during its work, particularly that of Patient Focus. I acknowledge the contribution of Patient Focus in its work with my colleagues and with the Tánaiste. The Tánaiste will meet its representatives later today.

I also express my deepest regret and apologise to these women and their families for what happened. On behalf of the Government, we are very sorry and deeply regret what happened. As I stated yesterday, we are all equally appalled.

As for the three questions raised by Deputy Kenny, the Garda conducted an investigation into this matter previously. However, given the report's publication and findings, it will be sent to the Garda which will carefully study it. It is also important that the Garda should speak to Judge Maureen Harding Clark because her investigations narrowed down the possibilities. In particular, she identified some items found on some of the files in question, which I understand would be very helpful to the Garda. Hence, the Garda will undoubtedly so do.

On the issue of redress, the Tánaiste will, as promised, speak to Patient Focus. Obviously, the Government is aware that issues will arise in respect of compensation, culpability, etc. This issue will be addressed today and the Government will return to it. We have made no formal decisions.

Regarding whistleblowers' legislation, as I noted yesterday in respect of this particular case, while a matron raised the issue in the 1980s, her concerns were brushed aside. Subsequently, in 1998, midwives raised their concerns with the solicitor for the health board and the matter was taken up, which led to the current position and the publication of the report yesterday.

As I stated yesterday, after examining the Bill provided by the Labour Party previously, it was decided that the best way to achieve its aims was to insert provisions for a investigative system for whistleblowers into sectoral legislation. This has already been done in respect of three or four Acts and is based on experiences in other countries. When this issue was examined some years ago, only a few countries in the organised world had gone down this road. I understand two countries which did so have subsequently reversed their decision. Hence, it was considered that the best way to cater for whistleblowers was to insert the provisions into individual sectoral legislation. The Government is in favour of this approach and has included the requisite provisions in a number of Bills. Obviously, given this report's findings, the issue will arise again.

The proposed medical practitioners Bill, the proposed Health Information and Quality Authority Bill and the consultants' contract negotiations are all relevant matters which must now take account of, and are affected by, this report's findings.

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