Brian Cowen (Laois-Offaly, Fianna Fail)

On the substance of the Deputy's arguments, there is a requirement under the nursing homes Acts to notify the coroner in the event of a death of a person in care. There was a provision in the Coroners Bill in that regard also. That would not deal with the look-back situation; it is not retrospective in any event. There has been a new system in place since January. There were 23 deaths up to the end of 2009, according to the HSE, and there were six deaths since then, including that of Mr. McAnaspie. The latter will be dealt with under the new arrangements put in place this year. HIQA is involved and there are three people from the 15-person panel investigating individual cases.

The terms of reference of the national review panel have been drafted. Its role is to review serious incidents, including deaths of children in care, in compliance with the Guidance for the Health Service Executive for the Review of Serious Incidents including Deaths of Children in Care. It sets outs the various instances in which it will report. The six individuals who have, unfortunately, died since the beginning of this year will be dealt with under the new procedures established under the new regime that has been in operation from January of this year.

On the question on the Commissions of Investigation Act, the procedure would probably take longer and be more costly than what we are suggesting at present. It would not bring as quick a solution as we are offering. The Minister asked that the process applicable to Mr. Shannon and Ms Gibbons under the review group be time limited. We will be trying to work within the guidelines over the coming months so as to have the full report and look back completed. Obviously, the legal difficulty that has arisen is holding up the exchange of information. Factual information is to be exchanged by the end of this week. Legislation is being prepared and will be before the Cabinet in the next couple of weeks and will be introduced in the House as a matter of urgency to ensure that whatever other information is required will be provided.

We are seeking to achieve the fastest possible resolution to the problem and to ensure the objectives of the review group are met. As I stated, both Mr. Shannon and Ms Gibbons, who are eminent persons in this area, have been apprised of the work to be undertaken and are in favour of it as a way to solve the problem.

Legal issues arise over privacy and consent from guardians. Issues arise under child care legislation and in respect of the provisions pertaining to in camera proceedings in the courts. We want to address these in a way that maintains the privacy of the children while obtaining the information that the authorities require to carry out an effective look back and get a full picture of the circumstances in all relevant cases. That is the purpose of the exercise.

We are doing all we can. The House is not divided in any way in trying to get this matter resolved as quickly as possible. The legal difficulties must be overcome. In this regard, we have proposed a solution and, in the meantime, information of a factual nature can be exchanged. This information should be with the group by the end of this week.

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