James Reilly (Dublin North, Fine Gael) | Oireachtas source

I agree with the Deputy that the new agency must be underpinned by legislation. In the interests of getting it up and running quickly and teasing out any problems in that regard, I believe it is sensible to introduce it on an administrative basis first.

When I spoke to the parents of the children who died in Portlaoise Hospital, they indicated their concern that such an agency should be established. They were very unhappy that, as the Deputy pointed out, this agency might in any way be dependent on the HSE. I was careful to explain that this is only a temporary administrative arrangement and that supporting legislation will be introduced to make the agency absolutely independent of the Department and, in particular, the HSE and the entity - namely, the proposed health commissioning agency - which is due to replace it.

As the Deputy indicated, the days when the Garda, the HSE and the Department of Health could investigate their own activities are gone. There is value to these entities carrying out initial investigations for their own quality assurance requirements. For any institution or body to have the confidence of the public, however, outside individuals must be involved. The need for this was made obvious in the past in the context of the issues relating to Dr. Neary and all of the women who attended Our Lady of Lourdes Hospital in Drogheda, who were so poorly treated by him and who have suffered dire consequences in their everyday lives since then. There is a need for independence, transparency and clarity in respect of all investigations carried out in this country in order that citizens will have absolute confidence that matters will be brought into the open rather than hidden. There must be no sense among people that a lack of objectivity might apply.

See this speech in context