Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

The operations carried out were appalling and attempting to stand over them professionally only exacerbates the situation.

The individual needs to depend on the professionalism and qualifications of the person providing the service, which were always taken as a given. When one attended a hospital or so on, it was automatically understood that the medical profession was competent and would provide the best advice for the circumstances to put the patient on the right path. Unfortunately, a number of incidents have led us to believe that these criteria were not always met.

Those of us involved in public life have been disadvantaged. As my colleague stated a few moments ago, the response we usually get is to the effect that the issue in question is a professional matter and we are not professionally competent to ask about the procedure or methodology. I have rejected that response all of my political life for a good reason. Public representatives are elected to represent the people, including professionals. Being reluctant or quoting the Data Protection Act and so on to facilitate a refusal is a dangerous route to take. I have always spoken out against it and will continue to do so. It renders the public representative unable to do the job that he or she was elected to do. I am not referring to spurious cases, but to situations in which there is a reason to believe that issues are not being dealt with in an appropriate fashion and the public interest is not being protected. It is the public representative's duty to raise this concern with the relevant individual or agency in the first instance so as to ensure that the information is right. It is not acceptable for any organisation, however professional it might be, to suggest to the representative that an answer cannot be provided because he or she has no professional competence in the area in question. Were that the case, a solicitor could not take a medical court case. A lawyer could only discuss the law and nothing else except in the abstract. If one wanted to pursue an issue, it would be crazy if one needed to be a professional in that field.

I welcome the Bill and its objective and I hope that it brings focus to a series of issues that have come to the public's attention in recent years. It will produce a co-ordinated and integrated approach to addressing issues and ensuring standards of professionalism throughout the health and social services. This is important. Each Deputy has had issues brought to his or her attention. Some agencies respond when we follow up on those issues, but some will always find a reason for not responding. This peculiar situation has developed over the years and endangers public confidence in the State's services.

This is a difficult time. Everyone is expected to take on greater responsibilities and to do more for less. We must do our best. It will not be easy. People's expectations, having been dashed for a variety of reasons, will become more sensitive. People will naturally and understandably want reassurance, which can only come from the cross-EU implementation of a proper code of standards and ethics as well as qualification criteria.

A number of Deputies have raised the question of languages. It is important that the patient can communicate his or her problem. If he or she cannot be understood, it creates a problem.

I agree entirely that there is a need for a clear understanding of the work done at all levels by these professionals, who must be competent.

There is another issue that we have come to recognise over the years. There have been cases in the past where structures have been in place and all the necessary statutory requirements were complied with by various authorities but the system still failed. That should not happen, although I know there will always be individual cases with extenuating circumstances. Notwithstanding that, we must try to aspire to a position where we can be entirely confident in procedures with follow-up so that extraordinary cases do not develop and people will not have to ask why something happened. We must deal with such issues.

I do not want to be critical of individuals. I am sure everybody has had experience, as I do, of reporting a particular incident, which could be life-threatening or threatening in some other way but with nothing happening as a result. We should not have to repeatedly follow up such issues. Having brought a matter to the attention of the powers that be in health, education, security or justice, it should not be necessary to pursue the issue endlessly. It should be possible to rely on the authorities concerned to deal with such issues in a competent fashion and to respond effectively.

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