John Moloney (Laois-Offaly, Fianna Fail)

While I do not have a local connection to this issue, I understand the concerns of many of the Deputies who have spoken and acknowledge the substantial difficulties they face. I dread to think that the same issue could arise in my local hospital. Rather than waffle on with a prepared statement, I will address some of the points made by Deputy O'Dowd and others. I welcome the remarks made by the Minister, Deputy Dermot Ahern, a few minutes ago. When I read some documents in recent days to try to understand the background to this debate, I learnt that the Irish Medical Council spent 12 years pursuing this man. That, in itself, underlines the need for urgency. In that context, I accept the point made by Deputy Crawford about the need to bring this issue to a conclusion.

I will try to deal with some of the issues that have been raised during this debate. I recognise the need for closure. I believe the Minister for Health and Children acknowledged that in the Dáil last night. I take the point that it is important for Ministers to meet groups. The Minister, Deputy Harney, has met the relevant group in this case. I am sure she brought her sincerity to that meeting. The unity of purpose in this House has been evident this evening, as it was last night. While I take the point that a political decision may be needed, at the end of the day this is not a political or adversarial issue. It is a question of recognising that this issue has gone on for a long time. When those of us who are removed from this case watched the episode of "Prime Time Investigates" that dealt with it, we started to wonder how it has remained unresolved for so many years.

I was struck by Deputy O'Dowd's summary of the views of the people of the local area. Some of them have praised Mr. Shine for working so late at night and for being so hands-on, in the medical sense. It seems that people believed he was up to good practice. It is unfortunate that it has taken so many years for people to realise that the Minister, taking into account all she has heard over recent days, weeks and months, is of a mind to bring this issue to a conclusion as quickly as possible. Obviously, I am not in a position to say what the Minister's final decision will be. Last night, Deputy Reilly quite properly made the point that accountability and transparency are important. Every Deputy has recognised that throughout this debate. We totally agree with it. I accept Deputy Crawford's point that people of goodwill and good practice might find it difficult to believe such a thing could occur in a hospital. I do not say that as an excuse, but it partly makes me understand why people ignored certain submissions, including private calls to the effect that wrongdoing was afoot.

It is worth mentioning a specific report in the context of the debate on accountability and transparency, or the lack thereof. In her report Judge Maureen Harding Clark said there was a culture of unquestioning respect towards the hospital consultants by the Medical Missionaries of Mary. Medical facts and knowledge could be questioned but the handling of the management of a patient could never be broached.

Openness and transparency will have to form the cornerstone from here on, in ensuring that the patient is protected. More importantly, if medical staff have an issue regarding the management of a patient there should be a process that ensures such questions should not remain unanswered and nothing happens. While the vast majority of medical practitioners are best practice professionals, it is important to emphasise that it was necessary to deal with some issues by implementing provisions regarding accountability and transparency. Complaints officers will be installed in every hospital and while this might not be seen to be strong enough, it is nonetheless an attempt to ensure there is a process in place to allow patients to make complaints.

As we are all aware, under the Medical Practitioners Act 2007, for the first time the Medical Council has a lay majority, with 13 members and 12 medical practitioners. The fitness to practice committee comprises a majority of persons who are not medical practitioners and the Act provides for fitness to practice inquiries to be held in public.

Deputies may say that was then and we are now speaking about changes for the future. By way of the points made this evening by Deputy O'Dowd, particularly regarding practice in the hospital, the fact that the Minister has listened to the debate first-hand will bolster her submission to Cabinet regarding when the inquiry begins. I also want to stress the health service's commitment to promoting a culture of openness and accountability now so that employees can report in the future regarding any concerns they may have in relation to the workplace.

The Health Act 2004 was amended so that from March 2009 the law provides for the making of protected disclosures by health service employees. Again, it is HSE policy that all incidents when identified should be immediately managed in accordance with the incidents management policy. Lessons that are applicable nationally will be applied nationally.

Last night in the debate, Deputy Catherine Byrne made a point about the need to restore trust. We all have to acknowledge that trust is precious. However, trust cannot be restored unless the people legitimately making those complaints and who were ignored for years see that trust restored. I must also express my disgust at the shocking betrayal of his patients by the consultant.

The issue of counselling came up in the debate. The Minister, Deputy Harney and the HSE are anxious that all former patients of the consultant are made aware that free counselling support is available.

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