Fergus O'Dowd (Louth, Fine Gael)
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This is a very serious issue. The findings of the Medical Council against Mr. Michael Shine, following its fitness to practise committee investigation in respect of nine male patients was that in the case of three patients he had abused his professional position by:

...making sexual advances to each of these patients; making indecent suggestions and/or behaving indecently to each of these patients; assaulting/indecently assaulting these patients; undertaking inappropriate and/or improper medical examinations and/or treatments of each of these patients; failing to treat each of these patients with due dignity and respect; breaching the trust inherent in the doctor/patient relationship; and bringing the medical profession into disrepute.

The committee found Mr. Shine guilty of professional misconduct in respect of each allegation set out above.

The story did not begin or end with those nine allegations. It appears to go back a long time, almost 30 years, when Mr. Shine first began working in Our Lady of Lourdes Hospital, Drogheda. We in Fine Gael are backing a call by Dignity 4 Patients for a full independent inquiry and are proposing terms of reference to investigate how complaints against Mr. Shine were dealt with over the period of his work as a consultant in Drogheda, by the hospital, the Garda, the Director of Public Prosecutions, the HSE - or the health board at the time - and the Department of Health and Children. We believe, notwithstanding the fact that further complaints have been made to the Garda, that a statutory inquiry can, and has, proceeded in the past during criminal investigations. Such an inquiry, held under the Commissions of Inquiry Act 2004, is held in camera and witnesses are compelled to give evidence. The Ryan inquiry was carried out while criminal investigations were taking place, so there is no reason why this inquiry cannot proceed immediately. We believe that it can keep working, notwithstanding the fact that criminal investigations are proceeding.

This is a harrowing experience for all those males abused by Mr. Shine. It has shocked the country because if it went on for 30 years, who knew about it and why did they not act? What happened when, in 1995, the former health board gave 60 complaints to the Garda? Why were they not all prosecuted in full? What was going on? Very serious players in the HSE and the community and the victims have raised serious concerns about the delay in the process, the fact that there appeared to be no action and the fact that gardaí did not tell other people who made complaints that they had numerous other complaints. People were left in utter isolation and have suffered greatly as a result.

We want transparency in the amount of money set aside by the hospital and the health board. A sum of €2 million was originally set aside to deal with legal issues and actions that might arise against the Medical Missionaries of Mary. That fund now stands at approximately €4 million. While compensation is not the most important issue, it is important that victims are vindicated in their right to privacy and not to be abused and it is important that some method of compensation is found in this case.

There is deep unease that abuse was allegedly inflicted over 30 years. In this inquiry we need to ensure that the perpetrator is jailed, the victims can tell their story and get closure on the case and this never happens again. Whatever recommendations come from the statutory inquiry should ensure the processes and the skilled professionals who have the extra professional knowledge that is required to deal with cases of sexual abuse, are in place. This happens in other countries but has not yet happened here. I urge the Minister to take on board what I have said.

John Moloney (Laois-Offaly, Fianna Fail)
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Again, I apologise to Deputy O'Dowd that the Minister, Deputy Mary Harney, is not available this evening. In 1995, the Irish 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 the consultant from the medical register. The Medical Council made its decision after considering the report of its fitness to practise committee, which found the person concerned guilty of professional misconduct in respect of three out of the nine allegations made by male patients.

In 1995, a review of the hospital's response to the allegations against the consultant was conducted 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.

In line with the review group's recommendations, a chaperone system and an intimate examination protocol and procedure has been put in place in the hospital concerned. The review group emphasised the importance of having a complaints system in place to deal with allegations of sexual abuse. A regional complaints policy and procedure is in place for the former north eastern health board. Statutory delegated complaints officers are also in place in the hospital.

A staff support service, staff care, is 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, the establishment of the Office of the Ombudsman for Children and the Office of the Minister of State with special responsibility for children and youth affairs and the implementation of the Children Act 2001.

It is clear, therefore, that the issues raised by this case have been the subject of extensive review and action by the Medical Council, the 1996 review and the initiatives taken since then in relation to protecting children. In these circumstances, the Minister has indicated that she does not propose to establish a further inquiry.

Fergus O'Dowd (Louth, Fine Gael)
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That is disgraceful.

John Moloney (Laois-Offaly, Fianna Fail)
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Instead the Minister believes that our focus should be on supporting those affected and ensuring that every possible protection is given to vulnerable people in the future. I have been informed by the Minister for Justice, Equality and Law Reform that gardaí are continuing to investigate complaints relevant to this case, and the investigation has the assistance of members of the Garda national bureau of criminal investigation. I am also informed that appropriate liaison arrangements are in place between gardaí and complainants and groups representing the complainants. The Minister for Justice, Equality and Law Reform has already urged victims to come forward to the investigation team to make statements of complaint.

The Government has taken a range of measures through legislation to deal with child abuse, including the Child Care Act 1991, the Protection for Persons Reporting Child Abuse Act 1998 and the Sex Offenders Act 2001. Children First, the national guidelines for the protection and welfare of children, was published in September 1999. These are national, over-arching guidelines that apply to all individuals and agencies that deal with children. The key message of the Children First guidelines is that anyone who works with, has responsibility for or comes into contact with children should be aware of the signs of abuse, be alert to the possibility of abuse and be familiar with the basic procedures to report their concerns.

It is very important to ensure that appropriate counselling is available to all those who have been in contact with the HSE or the hospital following the recent Medical Council inquiry. The HSE has made arrangements for counselling support for all those who have been in contact with it following the recent Medical Council inquiry using the national counselling service. Over 100 people have made contact with this service and it will continue to be made available as required. The need for additional support will be monitored by the HSE. The Minister and the HSE are anxious that all former patients of the consultant are made aware of the free counselling support that is available.

The HSE has assigned co-ordinating responsibility for these matters to the area manager for consumer affairs in the north east, who will continue to liaise as required with former patients and support groups. The support group, Dignity 4 Patients, has been advised by the HSE on how to make an application for funding under the Health Act 2004 and for national lottery funding. The Minister, Deputy Mary Harney, has indicated publicly that a meeting is being arranged with the group Dignity 4 Patients. I would like to emphasise the Government's commitment towards the protection of the most vulnerable in our society.