John Moloney (Laois-Offaly, Fianna Fail)

Again, I apologise to Deputy O'Dowd that the Minister, Deputy Mary Harney, is not available this evening. In 1995, the Irish Medical Council instigated a fitness to practise inquiry but this was delayed pending the outcome of separate legal proceedings, including criminal and judicial review proceedings. Following a Supreme Court judgment in July 2008, the Medical Council recommenced an inquiry and, on 25 November 2008, formally notified the Minister of its decision to remove the name of the consultant from the medical register. The Medical Council made its decision after considering the report of its fitness to practise committee, which found the person concerned guilty of professional misconduct in respect of three out of the nine allegations made by male patients.

In 1995, a review of the hospital's response to the allegations against the consultant was conducted by an independent review group chaired by Dr. Miriam Hederman O'Brien. The review group recommended that common written protocols for dealing with allegations of sexual abuse by members of staff be introduced and applied in all health care institutions. The Trust in Care guidelines, which were published in 2005, deal with the recognition, prevention and management of cases of abuse.

In line with the review group's recommendations, a chaperone system and an intimate examination protocol and procedure has been put in place in the hospital concerned. The review group emphasised the importance of having a complaints system in place to deal with allegations of sexual abuse. A regional complaints policy and procedure is in place for the former north eastern health board. Statutory delegated complaints officers are also in place in the hospital.

A staff support service, staff care, is available to all staff in the hospital on a confidential basis. The Hederman O'Brien review has helped inform the development and updating of policy in this area. This learning has been given practical effect through, for example, the publication of the Children First guidelines, the establishment of the Office of the Ombudsman for Children and the Office of the Minister of State with special responsibility for children and youth affairs and the implementation of the Children Act 2001.

It is clear, therefore, that the issues raised by this case have been the subject of extensive review and action by the Medical Council, the 1996 review and the initiatives taken since then in relation to protecting children. In these circumstances, the Minister has indicated that she does not propose to establish a further inquiry.

See this speech in context