Dáil debates

Tuesday, 30 June 2009

Commissions of Inquiry: Motion

 

8:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

On behalf of Sinn Féin I fully support this motion in its call for the Government to provide appropriate support for the victims of sexual abuse, to establish a commission of investigation or other form of credible inquiry to investigate all matters relating to the conduct of Mr. Michael Shine at Our Lady of Lourdes Hospital, Drogheda and ensure proper procedures are put in place to help prevent abuse in the future.

We recently debated the report of the Commission on Child Abuse, the Ryan report, and it was rightly stated that the terrible crimes against children were compounded by the conspiracy to deny, conceal and intimidate those who dared to speak up. It was a conspiracy of the powerful against the powerless. In Our Lady of Lourdes Hospital, Drogheda, which was run by the Medical Missionaries of Mary, this culture of cover-up was replicated. We saw it most starkly in the case of the women who were mutilated by Mr. Michael Neary. The victims of that scandal, some of them teenagers at the time of their operation, were put through dreadful experiences. Without their knowledge or consent they had their wombs removed unnecessarily and were prevented from having more children. This ranks among the most horrific examples of medical malpractice. It was disgraceful that the secret inquiry by the Medical Council into the conduct of Mr. Neary took so long to commence and then to complete before these women were finally vindicated.

It was not just those who lost their wombs, but women, too, who had their ovaries removed, as well as other acts of butchery carried out by Mr. Neary. All this took place with neither the approval nor the understanding of the unfortunate victims.

We had the inquiry by Ms Justice Maureen Harding-Clark which, while again vindicating the women, fell short of the public inquiry which was the original demand. Tribunals of inquiry have been held concerning much less grave matters. On my proposal, the then North-Eastern Health Board requested the Minister for Health and Children of the day to establish a full, public inquiry into the delivery of maternity services at Our Lady of Lourdes Hospital in Drogheda and this was not acceded to. We had the compensation scheme for Mr. Neary's victims, but it must also be put in record that there are outstanding issues.

Along with others in this House, some of whom are present, I have been pressing for a long time for the inclusion of the case presented by a number of the women excluded by the terms of reference of the compensation scheme. We have come up against a stone wall, and I appeal to the Minister to revisit this matter and do right by this small number of women who, like Mr. Neary's other victims, were so grievously wronged.

We find ourselves again seeking justice for victims of another consultant at Our Lady of Lourdes Hospital in Drogheda, another top professional who brought his profession into disrepute, who betrayed trust and abused his patients but who was to a great extent, protected by the system. The victims of Mr. Michael Shine are still coming forward. There are scores of victims, many of them in counties Cavan and Monaghan, which I represent. Last week I met one of them, Mr. Patrick Cusack of Carrickmacross. He was "Brendan" in the "Prime Time" documentary but since then he has taken the very courageous step of revealing his identity the better to seek truth and justice and to assist his fellow victims.

Mr. Cusack was a very impressive advocate on his own behalf, and accompanied by another man, on that occasion. I understand they met the Minister subsequently. They were impressive advocates on behalf of the many people who were victims as young boys and young men of Mr. Shine. Mr. Cusack was abused first by Mr. Shine when he was 11 years old and an in-patient in Drogheda. He returned to the hospital aged 19 when he was very seriously ill with meningitis. He was in a semi-conscious condition when he was again abused by Mr. Shine. Mr. Cusack states:

My life was turned upside down. It took me another 20 years before I started to deal with the extreme pain that his sexual abuse had caused.

The real pain involved is psychological. The pain of the victims has been compounded by the slowness of the system in responding. As I indicated, it was only last week that the Minister for Health and Children, Deputy Harney, met the representatives of Dignity 4 Patients, which represents the victims of this former consultant.

An inquiry is clearly necessary because of the complete failure of the system to respond appropriately to the very serious complaints raised by those who suffered abuse at the hands of Mr. Shine. Major questions need to be answered by the hospital management, the former health board and its successor the HSE, the Department of Health and Children, the Garda Síochána and the Director of Public Prosecutions. All have questions to answer regarding this litany of abuse of young boys and men.

Given the number of victims coming forward, a major question mark must hang over the thoroughness of the original Garda investigation into the conduct of Mr. Shine. That investigation culminated in his 2003 acquittal on charges of indecent assault on six teenage boys. The role of the management of Our Lady of Lourdes Hospital in Drogheda must also be probed. Their role in the Neary case was reprehensible. Are we expected to believe they were not aware of the activities of Mr. Shine and did not conspire to cover up so many abuses carried out over so many years? Were there not others among the broad service deliverers of the day aware of Mr. Shine's activities? It stretches credulity to proffer or accept the view that nobody knew what was taking place.

A public inquiry is necessary to answer these and other key questions. The call by Dignity 4 Patients for a public inquiry has been supported by One in Four, the Rape Crisis Centre, the Children's Rights Alliance and Barnardos. When the Minister of State, Deputy Moloney, replied to the issue on the Adjournment on 16 June on behalf of the Minister for Health and Children, Deputy Harney, he stated that the Minister had indicated that she does not propose to establish a further inquiry. This was before the Minister finally met Dignity 4 Patients last week. The amendment in the name of the Minister states that she discussed with Dignity 4 Patients the group's call for an inquiry and will revert to the group in July after she has discussed the issues involved with the Minister for Justice, Equality and Law Reform and conferred with other Ministers. What does this mean? Is the Minister going to establish an inquiry or not? There must surely be enough information in the hands of the Minister already to allow her to make her determination.

The Minister should withdraw the amendment and allow the substantive motion to pass in the names of Fine Gael and Labour Party Deputies and proceed with setting up an inquiry. To do otherwise leads to the suspicion that the amendment is merely a device to buy time until the Dáil rises for its summer recess and the political pressure is taken off the Minister and her colleagues. Pressure will be maintained on the Minister, Deputy Harney, and on the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, in whose constituency this abuse took place and many of whose constituents, like mine in Cavan and Monaghan, and no doubt in County Meath and north Dublin, were and I emphasise are, affected. It has not gone away for those who have suffered at Mr. Shine's hands.

I will cite the words of Mr. Cusack and urge the Minister and her Government colleagues to listen and act on them. He stated:

I am asking that this Government of our great country deals with this sad case and is seen to facilitate justice for the victims. There are many more than me . . . Please, please put the wheels in motion so that these people and their families can find some serenity and peace of mind, which can only be attained by closure. This in turn can only be achieved when there is a full inquiry so that all the victims can be heard and so that Mr. Shine and all the relevant agencies involved account for their actions.

I appeal to the Minister for Health and Children to heed that appeal of Patrick Cusack and all who are campaigning on behalf of the victims of Michael Shine, and to confirm before the conclusion of this debate tomorrow night her intention to set in train a full public inquiry into the matter and affairs of Michael Shine.

Comments

No comments

Log in or join to post a public comment.