Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 6: To ask the Minister for Health and Children the progress that has been made in carrying out an inquiry into the activities of a doctor (details supplied) in the north east against whom allegations of abuse have been made; and if she will make a statement on the matter. [6983/10]

Mary Harney (Dublin Mid West, Independent)
Link to this: Individually | In context

I met representatives of the support group, Dignity 4 Patients, on 29 October 2009 to inform them of my decision, in consultation with the Cabinet and the Attorney General, to establish an independent review chaired by the retired High Court judge, Mr. Justice T.C. Smyth, to examine whether a further investigation into the case of Mr. Shine would be of public benefit. Mr. Justice Smyth recently began his work on the review. I am satisfied the terms of reference of the review, which have been published, allow it to give support groups, including Dignity 4 Patients, an opportunity to engage with the process, present their views, be heard in full and have those views taken into account in the outcome of the review.

An advertisement appeared yesterday in three national and five local newspapers and in one additional local newspaper today, seeking submissions to the independent review. The review is due to be completed by the middle of the year.

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

In light of the fact that the advertisements have appeared in the papers, I understand there is a great deal of pressure on the organisation, Dignity 4 Patients because more people are coming forward. Can the Minister give some type of funding or support to that organisation, even on a temporary basis, because it relies entirely on voluntary help, has no money and is under enormous pressure?

I gather the deadline for submissions to Mr. Justice Smyth is 3 March. Could that deadline be extended for the overall umbrella organisation because it wants to make the strongest submission possible? The people concerned are very vulnerable. In some cases they have been through the 1995 review, the whole court process and now there is another review which might possibly be followed by an inquiry. For them it is very important that this is a positive process and that they will not encounter further abuse. They need to know that it is a serious initiative and that if an inquiry is required it will be put in train. I should like if the Minister can give some reassurances in that regard.

Mary Harney (Dublin Mid West, Independent)
Link to this: Individually | In context

With regard to the last point made by the Deputy, it is a serious process, and I believe that is accepted. I do not believe somebody of the stature of Mr. Justice Smyth would engage in a process that was not serious. I will give consideration to the deadline of 3 March. I do not know whether we set it or Mr. Justice Smyth did, but I shall have that examined. Dignity 4 Patients has asked for funding and I am well disposed to this. I have asked it to make an application under the health lotto. I do not know whether the application has been received as yet, but I know it is in the process of getting charity status from the Revenue, which is required in order to avail of the funding. I believe that process is underway. However, I am well disposed to giving the organisation some funding, as I am aware of the enormous financial pressure it is under. I believe it represents about 190 former patients of Mr. Shine and perhaps 36 others. The workload is quite considerable, as I am aware.

James Reilly (Dublin North, Fine Gael)
Link to this: Individually | In context

I lend my voice of support for some funding for Dignity 4 Patients. It is providing services, as the Minister has said, for quite a number of people, many of whom are men who are at risk of suicide as a consequence of the abuse they have suffered.

As with Deputy O'Sullivan I should like to see a serious review and I accept the Minister's assurance that it will be. Should an inquiry be necessary after this, I should like if the evidence at this review might be considered in the context of such a further inquiry, so that victims will not have to subject themselves to further interview, unless they want to. Apart from the funding needed by Dignity 4 Patients, the victims need services. They need to be looked after, and while they are very isolated, they are coming together although still finding it very difficult to talk about this. They need psychological support, counselling services etc. and this must be one of the key considerations.

Mary Harney (Dublin Mid West, Independent)
Link to this: Individually | In context

I do not disagree with that. When the hospital was acquired by the State in the mid-1990s for €5.5 million, I believe, a sum of €2 million was set aside for possible claims, including in this area. That is being administered on behalf of the Medical Missionaries of May by Arthur Cox, solicitors. To date no claim has been made on that €2 million, so I am conscious that this resource is there as well. I agree that psychological and other supports are necessary for the victims. In fairness, many of them have been receiving counselling over many years. I have met some of them and am aware of the vulnerability of many of the individuals concerned. Certainly, all such supports will be forthcoming.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Lives have been seriously scarred as a result of the behaviour of Mr. Shine. Will the review the Minister referred to have the power to properly address the issues involved, not only for the HSE but the former health boards and those formally involved in the hospital administration? Will Mr. Justice Smyth have an opportunity for direct engagement with the Garda Síochána in this regard, and will the Director of Public Prosecutions be quizzed directly by Mr. Justice Smyth? What point are we at as regards the review, and when does the Minister expect that it will finalise its business?

Will the review information be published and made available publicly here for Members of the Oireachtas? If it is too soon to make a judgment call as to whether it will offer closure, I would speculate, having spoken to victims of Mr. Shine, that it will not - and that only a full open inquiry will give them the closure and finality they desire.

Mary Harney (Dublin Mid West, Independent)
Link to this: Individually | In context

It is expected the review will be completed in the summer and to a large extent it will be a precursor to what the Deputy terms a public inquiry. There will be enormous reluctance to engage in a public inquiry or indeed even an inquiry under the Commissions of Investigation Act, unless this is warranted. That is precisely what the Mr. Justice Smyth has been asked to do - and in that regard to speak to whoever is relevant. Clearly, the justice cannot cut across any possible criminal investigation, because this matter is also being investigated by the Garda Síochána, given that some of the circumstances may have changed since the previous criminal prosecutions. I am aware that the Garda Síochána is looking at the relevant issues, It is a matter for the Garda, rather than for me and neither could we establish a review that would look at the role of the DPP, the Garda Síochána or any trial that took place. I have explained that to Dignity 4 Patients, which I believe it understands.

The intention is to have the review available by the middle of the year and in the first instance I should like Dignity 4 Patients to have access to it. Subsequent to that, of course it will be made public.