Eamon Gilmore (Dún Laoghaire, Labour)

I still do not understand why the transfer of the files and the consequent legal difficulty are still causing difficulty in identifying how many people are involved. The Taoiseach said the HSE says there are 23 "at present" - I think that was the phrase used by the Taoiseach. I would have believed the actual number of deaths that occurred would have been relatively easy to establish. In any event, it should be known to the HSE already without it having to engage in the process of validating. I do not know what "validating" means.

Why is the option the Government has taken, namely, to introduce legislation, necessary? If Ms Norah Gibbons and Mr. Geoffrey Shannon were to be appointed to investigate under the Commissions of Investigation Act 2004, there would be no necessity for new legislation. The Act would give investigators the power to overcome any legal difficulties such as those cited by the Taoiseach. Why was that route not taken rather than the introduction of new legislation?

The Government introduced the Coroners Bill 2007 in April 2007. It got as far as Second Stage in the Seanad but has not been heard of since. It would require the reporting to the coroner of any death of a child in care. At least that would have dealt with the circumstances that obtained from 2007 onwards. Why has the Bill not been progressed?

There were two legislative routes open to the Government rather than introducing completely new legislation to deal with this matter. One was to deal with the matter under the Commissions of Investigation Act, which is already the law of the land. If Ms Gibbons and Mr. Shannon were appointed under that Act, they could simply go ahead and override whatever legal difficulties exist. Second, if progress had been made on the Coroners Bill, which has been lying in the Seanad unattended for the past three years, it would not be necessary to introduce new legislation.

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