James Reilly (Dublin North, Fine Gael)
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Question 1: To ask the Minister for Health and Children the date investigations (details supplied) into a number of cancer diagnostic scandals will conclude; the reason for the delay in publication of these reports particularly the Dr. Ann O'Doherty report promised by the end of November 2007; and if she will make a statement on the matter. [2924/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The investigation by the Health Information and Quality Authority into the care provided by the HSE to the named individual commenced in June 2007. In December 2007, information came to the attention of HIQA that led it to decide that further work was needed. I have been informed by HIQA that it expects this report to be published before the end of February 2008.

The HSE has advised my Department that a report on the reviews of mammography services and ultrasounds in Portlaoise will be published when the necessary legal requirements have been completed. The legal process is ongoing. Due process and natural justice must apply in respect of this report and any report where the findings in that report may affect the professional reputation of any individual. The report on the review of circumstances which gave rise to the placing of a radiologist on administrative leave in Portlaoise is complete and is with the chief executive officer of the Health Service Executive.

The report I requested from the HSE board into the events following the HSE decision to initiate a clinical review of breast cancer services at Portlaoise, being carried out by Mr. John Fitzgerald, is currently being finalised.

The review team carrying out the review of breast services in Barrington's Hospital and medical centre expects to finalise the draft report in the next few weeks. Following the completion of the necessary legal requirements, the report will be submitted to me and to Barrington's Hospital.

The investigation by the Health Information and Quality Authority into pathology services at University College Hospital Galway was commenced in September 2007. I am informed that significant progress has been made in this investigation. While it is difficult to predict precisely at this stage when the work will be completed, it is hoped that the investigation will be concluded by the end of March 2008 and the report will be published as soon as possible thereafter.

The pathology review in Cork University Hospital is currently being finalised. It will then be submitted to the director of the national hospitals office.

James Reilly (Dublin North, Fine Gael)
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The greatest health scandal to have hit this country in the last 25 years has been the manner in which women were treated by the breast cancer service in Portlaoise. The Minister was informed of this in 2005 and her response was appalling; she passed the buck and nothing was done with the consequence that 11 women were misdiagnosed and hundreds of women had to go through the worry and mental anguish of waiting while the results of repeat tests had to be checked. I refer to the appalling manner in which files were left stacked up in boxed lots in the corner——

Brendan Howlin (Wexford, Labour)
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The Deputy should ask a question.

James Reilly (Dublin North, Fine Gael)
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The question is coming.

Brendan Howlin (Wexford, Labour)
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Soon, please.

James Reilly (Dublin North, Fine Gael)
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I think it is important to set the tone.

They remained until the cohort was reached and until it was decided by the HSE — the Minister's invention which she created by legislation and whose ethos has evolved under her — that it was then the time to deal with these people. It seemed to be a case of "It is all right, Mrs. Reilly, you might have a breast lump and in fact, you might have cancer, but we will deal with you when we are good and ready. When we feel we have enough people to warrant taking action, we will take action". This is the lowest point which the health service has reached for a long time.

The Minister promised this House on 7 November 2007 that the Ann O'Doherty report would be available by the end of November, yet we are now at the end of January 2008 and we are being promised the report again. The reason given for the non-production of this report is that natural justice must be allowed for and we all agree this should be so. However, the specific reason I was given was that an individual is not in the country having returned to South Africa and must be given sight of the report before a conclusion can be reached. Is the Minister telling the House and the people of Ireland that if this person does not return to Ireland for two years, we will not have a report for two years? This is not the case because it is absolute, errant nonsense. Fax machines and e-mail mean that people can be contacted within 24 hours anywhere in the world. A person's response can be received and his or her rights can be preserved.

Will the Minister ensure that this and the other reports come to hand by the end of next month? Can she make a commitment that can be kept this time, rather than all the false promises given on this and so many other matters which will be referred to in later questions?

I have one other supplementary question. I ask the Minister to ensure the independence of the Portlaoise second investigation on how the matter was handled and whose terms of reference are broad. She has asked for the good services of Mr. Fitzgerald but has asked him to report to and work with three members of the board of the HSE. This does not inspire confidence in the people who were so badly let down by the very same HSE which the Minister is now asking to investigate itself. On behalf of the people of Ireland and the women who have suffered so badly at the hands of the State's health service, I ask her to assure them that Mr. Fitzgerald can act in an independent fashion, select his own team to help him complete his report and report directly to her so that she can report to the House.

Mary Harney (Dublin Mid West, Progressive Democrats)
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That was more like a speech rather than a question.

Brendan Howlin (Wexford, Labour)
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The Deputy used three and a half minutes of the seven minutes allowed.

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Deputy well knows that when Mr. Naughten wrote to my office his letter was acted upon immediately by the clinical director, Dr. Hollywood and Mr. Naughten was satisfied with the response he received.

James Reilly (Dublin North, Fine Gael)
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He certainly was not satisfied with any response. There is no doubt about it.

Mary Harney (Dublin Mid West, Progressive Democrats)
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That is a fact.

It is the case that nine women were misdiagnosed. Unfortunately, errors of this kind that happened in the past went unreviewed, unnoticed. We are not unique in Ireland in recalling patients. I refer to an article in a French newspaper which states that last week, 7,000 cancer patients were recalled for review and the Deputy is aware of this. It is not unusual.

Mary Harney (Dublin Mid West, Progressive Democrats)
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There were no files left standing.

Ann O'Doherty's report was completed in November and as the Deputies sitting beside Deputy Reilly will know, as they are both lawyers, when a report is completed, if it casts any doubt on the professional reputation of any person, such a person must be given an opportunity within a reasonable time period as suggested by legal advice, to respond. This is the process which is under way.

We do not want this report to be injuncted. This House sought to inquire into a different incident a number of years ago but it ended up in the courts and the inquiry could not proceed. We must ensure that the process is followed even though it is extremely frustrating but the law must be observed.

James Reilly (Dublin North, Fine Gael)
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Why did the Minister not say that at the end of November?

Mary Harney (Dublin Mid West, Progressive Democrats)
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We have the report. The HSE had the report by the end of November but it was not in a position to publish the report because of the contents of the report until it went through what I will term the process of natural justice. I will give the Deputy this assurance that as soon as that process is completed, the report will be published.

The Barrington's Hospital report will be published immediately when I receive it. I will ensure the Attorney General gives me advice but I will not be holding back that report.

We want to learn from all these mistakes with a view to ensuring that it minimises the chance of it happening again.

Mr. John Fitzgerald is a man of great integrity. He has complete independence in the carrying out of this report. Any resources he requires will be made available. However, the board of the HSE does not meet every week. When I asked the board to carry out a review, it appointed a sub-committee to take charge of the review and this is normal practice. The sub-committee is neither to write the report nor to vet the report nor to approve a draft of the report but rather simply to deal with some of the logistics associated with his investigation.