Dáil debates

Wednesday, 15 November 2023

Health (Termination of Pregnancy Services) (Safe Access Zones) Bill 2023 (Bill 54 of 2023): Report and Final Stages

 

5:05 pm

Photo of Joe FlahertyJoe Flaherty (Longford-Westmeath, Fianna Fail) | Oireachtas source

A key commitment of the programme for Government was to establish exclusion zones around medical facilities. The Minister subsequently legislated for the designation of safe access loans around our healthcare premises. We are well aware that there has been extensive co-operation and consultation with the Department of Justice, An Garda Síochána and the Office of the Director of Public Prosecutions in developing this important and landmark Bill.

It will prohibit a person from engaging in certain conduct in certain areas and surrounding certain healthcare premises. It will also provide for enforcement in respect of those engaging in conduct prohibited in such areas and sets out the liable offences in regard to such prohibited conduct. We all agree that safe access to hospitals is paramount and the Bill before the House endeavours to address that very salient point. However, I would also argue that as well as safe access there is an onus on us to ensure that families and patients have access to all of the relevant reports, information and files when things in our hospitals go wrong.

With the indulgence of the Minister, the House and the Chair, I want to raise a troubling and tragic case, namely the case of Bryonny Sainsbury, a 25-year-old woman from County Longford who, it seems, died an agonising death following a fall from her beloved horse, Louie, in 2021. She was a vibrant young lady who was full of life and enthusiasm and looked forward to the very best that life could offer her. Sadly, two years later her parents, Alison and Christopher, are no closer to getting answers for the many questions they have surrounding her care after she was admitted to Mullingar Hospital on 26 August 2021 and before her transfer to Beaumont Hospital three days later. At that point, she was critically ill and declared braindead, with life support being turned off on 31 August. In January 2023, nearly 15 months after her death, Mullingar Hospital established an independent review of her care. The Sainsbury family was advised of this development in March this year and told they would have the findings made available to them in April. Since then, there has been very little, if any, acceptable communication with the family. An adjourned inquest in early October heard that there is a divergence of views between staff at the two hospitals on the care delivered, as well as an issue about the communication between radiologists and clinical staff. The coroner, Dr. Cróna Gallagher, has requested that all reports, including the clinical review, are made available before the end of this month in anticipation of a two-day inquest proceeding on 13 and 14 December. It is very evident that this delay in handing over the clinical review and other reports is having a detrimental impact on an already heartbroken and shattered family.

If failings have been identified, Bryonny's mother has told me that they need to be known for the sake of other patients. As she told me succinctly and passionately, that is what Bryonny would have wanted. The family have the support of their neighbours, their friends, their solicitor, Ms Karen Clabby, and their barrister, Ms Esther Earley. Everyone speaks with one voice and one heart when saying that we need answers.

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