Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 37: To ask the Minister for Justice and Equality if he will provide the exact number of sexual assault cases which may have been endangered by an unregistered nurse working in the sexual assault treatment unit in Letterkenny Hospital, County Donegal; the number of cases the Gardaí or Director of Public Prosecutions are currently reviewing; the date on which this review will conclude; and if he will make a statement on the matter. [12047/11]

Alan Shatter (Dublin South, Fine Gael)
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I share the concern of Members for the plight of victims who have found themselves caught up in the unfortunate situation referred to in the Deputy's question. I am informed that a person practising as a nurse in the sexual assault treatment unit of Letterkenny General Hospital was removed from the register of An Bord Altranais, the Nursing Board, for non-payment of fees, for an 18-month period from 2009. During this period, the person dealt with 25 victims of alleged sexual abuse. An Garda Síochána and the HSE have contacted the persons affected to inform them of the situation. Both organisations are extremely conscious of the distress this will cause to these persons. I understand that the HSE has put supports and services, including counselling, in place to assist them.

I also understand that an investigation into the matter has been commenced by the serious incident team of the HSE and two independent experts have been appointed. The review will seek to establish the circumstances leading up to, and the reasons a staff member could continue to practice without being actively registered. It will also examine in detail issues relating to professional practice in the sexual assault treatment unit and will make recommendations on measures that need to be put in place to prevent a recurrence of this situation. I am informed by An Garda Síochána that it is liaising closely with the HSE in its investigation. I am also informed that An Garda Síochána is liaising with the Office of the Director of Public Prosecutions in respect of the implications, if any, for ongoing and completed investigations into alleged sexual offences undertaken by the force.

I have been in contact with the Garda Commissioner personally about this matter, and, while, of its nature, it is not possible to give a precise timetable, I am confident that examination of the implications for the investigations will be completed as quickly as possible.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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When does the Minister expect to receive the report and its recommendations? If new legislation is required, depending on the outcome of the report, will he give a commitment that it will be brought before the House as soon as possible?

Alan Shatter (Dublin South, Fine Gael)
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The problem in this area is not a matter of legislation but a matter of procedure with the failure of a nurse to register and the failure of the HSE to have in place a system of checks and balances to ensure the nurse appointed in this instance was registered and dealing with matters relating to her continuing nursing in an appropriate manner. I cannot give a definitive timescale for the report but as soon as it is received, any issues arising out of it will be addressed.

That this difficulty has arisen does not of necessity mean that appropriate prosecutions may be prevented from proceeding. I want to be very careful in what I say not to prejudice the success of a prosecution arising out of an alleged sexual assault.