Fergus O'Dowd (Louth, Fine Gael)

This is a very serious issue. The findings of the Medical Council against Mr. Michael Shine, following its fitness to practise committee investigation in respect of nine male patients was that in the case of three patients he had abused his professional position by:

...making sexual advances to each of these patients; making indecent suggestions and/or behaving indecently to each of these patients; assaulting/indecently assaulting these patients; undertaking inappropriate and/or improper medical examinations and/or treatments of each of these patients; failing to treat each of these patients with due dignity and respect; breaching the trust inherent in the doctor/patient relationship; and bringing the medical profession into disrepute.

The committee found Mr. Shine guilty of professional misconduct in respect of each allegation set out above.

The story did not begin or end with those nine allegations. It appears to go back a long time, almost 30 years, when Mr. Shine first began working in Our Lady of Lourdes Hospital, Drogheda. We in Fine Gael are backing a call by Dignity 4 Patients for a full independent inquiry and are proposing terms of reference to investigate how complaints against Mr. Shine were dealt with over the period of his work as a consultant in Drogheda, by the hospital, the Garda, the Director of Public Prosecutions, the HSE - or the health board at the time - and the Department of Health and Children. We believe, notwithstanding the fact that further complaints have been made to the Garda, that a statutory inquiry can, and has, proceeded in the past during criminal investigations. Such an inquiry, held under the Commissions of Inquiry Act 2004, is held in camera and witnesses are compelled to give evidence. The Ryan inquiry was carried out while criminal investigations were taking place, so there is no reason why this inquiry cannot proceed immediately. We believe that it can keep working, notwithstanding the fact that criminal investigations are proceeding.

This is a harrowing experience for all those males abused by Mr. Shine. It has shocked the country because if it went on for 30 years, who knew about it and why did they not act? What happened when, in 1995, the former health board gave 60 complaints to the Garda? Why were they not all prosecuted in full? What was going on? Very serious players in the HSE and the community and the victims have raised serious concerns about the delay in the process, the fact that there appeared to be no action and the fact that gardaí did not tell other people who made complaints that they had numerous other complaints. People were left in utter isolation and have suffered greatly as a result.

We want transparency in the amount of money set aside by the hospital and the health board. A sum of €2 million was originally set aside to deal with legal issues and actions that might arise against the Medical Missionaries of Mary. That fund now stands at approximately €4 million. While compensation is not the most important issue, it is important that victims are vindicated in their right to privacy and not to be abused and it is important that some method of compensation is found in this case.

There is deep unease that abuse was allegedly inflicted over 30 years. In this inquiry we need to ensure that the perpetrator is jailed, the victims can tell their story and get closure on the case and this never happens again. Whatever recommendations come from the statutory inquiry should ensure the processes and the skilled professionals who have the extra professional knowledge that is required to deal with cases of sexual abuse, are in place. This happens in other countries but has not yet happened here. I urge the Minister to take on board what I have said.

See this speech in context