Kathleen Lynch (Cork North Central, Labour)

I thank Deputy Ó Caoláin for raising this issue, which needs to be dealt with. I am taking this matter on behalf of the Minister for Health, Deputy James Reilly.

We are all agreed that the abuse of trust and attack on the dignity of patients by Mr. Michael Shine was a terrible betrayal by him of his patients. The professional conduct of Mr Shine has been the subject of a number of inquiries. In 1995, the Medical Council instigated a fitness to practise inquiry but this was delayed pending the outcome of separate legal proceedings, including criminal and judicial review proceedings. Following a Supreme Court judgment in July 2008, the Medical Council recommenced an inquiry and on 25 November 2008 formally notified the Minister of its decision to remove the name of Dr. Michael Shine from the medical register. The Medical Council made its decision following its consideration of the report of its fitness to practise committee, which found the person concerned guilty of professional misconduct in respect of three of nine allegations made by male patients.

A review of the hospital's response to the allegations against the consultant was conducted in 1995 by an independent review group chaired by Dr. Miriam Hederman O'Brien. The review group recommended that common written protocols for dealing with allegations of sexual abuse by members of staff be introduced and applied in all health care institutions. The Trust in Care guidelines, which were published in 2005, deal with the recognition, prevention and management of cases of abuse. The review group also emphasised the importance of having in place a complaints system to deal with allegations of sexual abuse. A regional complaints policy and procedure is in place covering the Drogheda Hospital. In addition, a support service has been made available to all staff in the hospital on a confidential basis. The Hederman O'Brien review has helped inform the development and updating of policy in this area.

This learning has been given practical effect through, for example the publication of the Children First Guidelines in 1997 and, more recently, the establishment by Government of the Department of Children and Youth Affairs with a full Minister at Cabinet. Early in 2011, my colleague the Minister for Health indicated that the issues raised by the case of Michael Shine, former consultant at Our Lady of Lourdes Hospital, Drogheda, would be the subject of an inquiry by an Oireachtas Committee. This was dependent on the powers that had been proposed under the 30th amendment of the Constitution. As it was not possible to proceed as proposed, the Minister is now considering how best to deal with the issues involved. These considerations must take into account that Garda investigations are ongoing, investigation files have been submitted to the Director of Public Prosecutions and civil cases are pending against Michael Shine. It would be wrong to do anything that might impede these investigations and pending cases.

The Government will take all of this into account and remains determined to ensure a fair and satisfactory outcome for all the victims concerned and hopefully to give them all the closure they deserve in dealing with the terrible treatment they suffered.

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