Dáil debates

Wednesday, 1 July 2009

Commissions of Inquiry: Motion (Resumed)

 

6:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

I wish to share time with Deputies Wallace, Flynn, Kirk, Dooley and Conlon.

Unfortunately, five minutes does not give one much time to speak on this issue. As a Government Minister and Deputy representing the constituency in which Our Lady of Lourdes Hospital, Drogheda, is located, I am very concerned about the allegations in this case. In December 2008, I spent considerable time discussing the issues arising from the case with some of those involved. Like the Minister for Health and Children, Deputy Harney, who met them for the first time last week, I was struck by their intensity and the unease with which they spoke about what went on in the hospital. Wearing my hat as Minister for Justice, Equality and Law Reform and given that so many people were coming forward, I advised them that the Garda investigation should be allowed to continue. To the best of my memory, nine fresh complaints had been made at the time. I urged them to ensure anyone who came forward made a complaint and provided a written statement for the Garda.

I subsequently consulted the Garda Commissioner, the Attorney General and the Minister, Deputy Harney, on what was necessary in the context of a criminal investigation. I am happy to say the Garda Commissioner and his force have been assiduous in liaising with the people involved. He informed me today that 64 new complaints have been made, most of which were subsequent to the decision by the Medical Council to strike this doctor off the register. Further complaints were made in the aftermath of the "Prime Time Investigates" programme. I understand a number of medical records have been obtained from Our Lady of Lourdes Hospital. The Garda has been in contact with the Medical Council regarding an expert who could help the investigating team's examination of these reports. Interpol has also been contacted regarding some of the issues raised in the programme. A full investigation is ongoing. Gardaí from the National Bureau of Criminal Investigation and the domestic violence and sexual assault investigation unit are heavily involved in the case and hope to bring a comprehensive file to the Director of Public Prosecutions as expeditiously as possible.

I acknowledge the request from Opposition Deputies for an independent inquiry. Deputy O'Dowd and his colleagues from surrounding constituencies approached me several months ago in this regard and I repeated to them what I had said at my meeting with those concerned in December 2006. They accepted that the primary focus should be the criminal investigation in order that nobody will avoid criminal sanction for the new allegations which have been made. Deputy O'Dowd stated recently on a radio programme this is not a political issue. The Government has not ruled out an inquiry but we need to take it one step at a time because we do not wish to prejudice a criminal trial. We are in effect dealing with somebody who in 2003 was acquitted by a jury in a court of law, and we must be careful in deciding whether we can pursue a public inquiry in advance of or alongside a criminal trial. We know to our detriment that when criminal investigations are ongoing, the redaction of names can be such as to produce an unsatisfactory response to inquiries.

An examination was originally conducted in 1995. Like the Minister, Deputy Harney, I am not casting aspersions on that examination but it is clear that some people were gravely dissatisfied with its focus. Ultimately the Government and the Oireachtas will have to decide on whether to hold a public inquiry. I ask that we be allowed time for a discussion in that regard. I do not wish to divide the House when I ask that the matter be addressed step by step.

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