Dáil debates

Wednesday, 9 May 2012

Topical Issue Debate

Inquiry into Patient Abuse

4:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Gabhaim buíochas leis an Cheann Comhairle as an seans labhairt ar an ábhar tábhachtach seo. The High Court case settled by Mr. Ronan MacConnoran highlights once again the scandal of what happened to the victims of Mr. Michael Shine. As stated by Mr. MacConnoran's solicitor, no quarter was given by the State side in defending the case. This is one of the greatest scandals ever to blight our health services.

There are scores of victims, many of them in counties Cavan and Monaghan, which I represent here. In 2009, I met with one of them, Mr. Patrick Cusack of Carrickmacross, who was first abused by Mr. Shine when 11 years old and an inpatient at Our Lady of Lourdes Hospital in Drogheda. Mr. Cusack returned to the hospital at aged 19 when very seriously ill with meningitis and was, when in a semi-conscious condition, again abused by Mr. Shine. As stated by Patrick: "My life was turned upside down. It took me another 20 years before I started to deal with the extreme pain that his sexual abuse had caused."

The pain of the victims has been compounded by the slowness of the system in responding. An inquiry is clearly necessary because of the complete failure of the system to respond appropriately to the very serious complaints made by those who suffered abuse at the hands of Mr. Michael Shine. Major questions remain to be answered by the hospital management, the former health board and its successor the HSE, the Department of Health and Children, an Garda Síochána and the Director of Public Prosecutions. A major questionmark hangs over the thoroughness of the original Garda investigation into the conduct of Michael Shine, which investigation culminated in his 2003 acquittal on charges of indecent assault on six teenage boys. The role of management at Our Lady of Lourdes Hospital in Drogheda must also be probed. Its role in the Neary case was nothing short of reprehensible. Are we expected to believe management was not aware of the activities of Michael Shine and did not conspire to cover up his many abuses carried out over so many years?

A public inquiry is necessary to answer these and other key questions. The call by Dignity 4 Patients for a public inquiry is supported by One in Four, the Rape Crisis Centre, the Children's Rights Alliance and Barnardos. Crucially, this demand was supported on 30 June 2009 in a Dáil motion tabled by the then Fine Gael spokesperson, now Minister for Health, Deputy James Reilly. I have repeated in my request for this Topical Issue Debate the core wording of the Minister's then wording of the motion. The principal author of the wording before the House today is the now Minister for Health, Deputy James Reilly who, when Fine Gael spokesperson on health called for "a credible inquiry to investigate how complaints relating to allegations of abuse by Michael Shine in Our Lady of Lourdes Hospital, Drogheda, were dealt with by the Hospital, An Garda Síochána, the Director of Public Prosecutions, the Health Board, the Health Service Executive, the Department of Health and Children and any other relevant party".

That motion also called for appropriate services for victims. It is a great matter of disappointment to note that the Minister, Deputy Reilly, has failed to establish an inquiry and has presided over a significant cut in funding to Dignity 4 Patients which represents all of the victims of Michael Shine. That cut in this current year is so severe it is not only restricting its ability to represent these victims but is making its project impossible. The Minister must act now according to his own words by establishing an inquiry. I appeal that in the interim the funding stream be restored to Dignity 4 Patients.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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I thank Deputy Ó Caoláin for raising this issue, which needs to be dealt with. I am taking this matter on behalf of the Minister for Health, Deputy James Reilly.

We are all agreed that the abuse of trust and attack on the dignity of patients by Mr. Michael Shine was a terrible betrayal by him of his patients. The professional conduct of Mr Shine has been the subject of a number of inquiries. In 1995, the 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 Dr. Michael Shine from the medical register. The Medical Council made its decision following its consideration of the report of its fitness to practise committee, which found the person concerned guilty of professional misconduct in respect of three of nine allegations made by male patients.

A review of the hospital's response to the allegations against the consultant was conducted in 1995 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. The review group also emphasised the importance of having in place a complaints system to deal with allegations of sexual abuse. A regional complaints policy and procedure is in place covering the Drogheda Hospital. In addition, a support service has been made 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 in 1997 and, more recently, the establishment by Government of the Department of Children and Youth Affairs with a full Minister at Cabinet. Early in 2011, my colleague the Minister for Health indicated that the issues raised by the case of Michael Shine, former consultant at Our Lady of Lourdes Hospital, Drogheda, would be the subject of an inquiry by an Oireachtas Committee. This was dependent on the powers that had been proposed under the 30th amendment of the Constitution. As it was not possible to proceed as proposed, the Minister is now considering how best to deal with the issues involved. These considerations must take into account that Garda investigations are ongoing, investigation files have been submitted to the Director of Public Prosecutions and civil cases are pending against Michael Shine. It would be wrong to do anything that might impede these investigations and pending cases.

The Government will take all of this into account and remains determined to ensure a fair and satisfactory outcome for all the victims concerned and hopefully to give them all the closure they deserve in dealing with the terrible treatment they suffered.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We have to recognise that the long delay in these Garda inquiries is only likely to lead us to one place - Michael Shine will have passed on. There will be no opportunity for his victims to face their abuser and to give account of the terrible vista he visited on their young lives. It is understandable that among the voices of the abused, there are those who believe that indeed is a subtext, an agenda, that is being allowed to unfold. It is a very serious matter and it has to be taken seriously. These are very hurt people.

As the Minister of State rightly said, we are all agreed that this inquiry must happen but if everything is predicated on when the Garda inquiry will conclude, surely there must be cross-departmental action here and surely the Minister for Justice and Equality must be encouraged to speak to the relevant authorities within the Garda. What prospect is there, after all these years, of new and further information presenting that would significantly alter all that we already know? We need to have this opportunity. These people are deserving of closure.

I appeal to the Minister of State not to just note this and walk away but to speak to the Minister who already is totally conversant with the whole situation and who sponsored a motion in the House only three years ago which I happily spoke in support of and voted for absolutely. I appeal for a cross-party approach. This is not something for Government and Opposition to be adversarial about. We are of one mind but we need to proceed with one clear intent and that it to bring closure at the earliest opportunity.

My final appeal - the Minister of State did not refer to it in her reply as it was not part of what had been constructed for delivery here by the Minister - concerns the situation in regard to Dignity for Patients. I can personally assure the Minister of State that the service it gives is critical to the well-being of those very hurt people today in 2012 as at any point in time in the past. If we are to allow that funding stream to virtually dry up, as is the situation in this current year's provision, we are compounding a terrible pain and hurt and we cannot be a party to that. I urge the Minister of State to immediately intervene to ensure there is adequate support in order to allow the work of Dignity for Patients to continue until that closure we are all agreed must happen is achieved.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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As the Deputy said, I do not think there is any disagreement as to what has happened to these people. We are all agreed about the breach of trust that occurred. I hope people will recover but it is very difficult to see how that recovery will occur. The difficulty we have in terms of an inquiry is that I do not believe there is any stomach in the House or among the public for another public inquiry, no matter the circumstances or what we believe. Our difficulty is that the constitutional amendment in regard to inquiries which could have been carried out by committees of the Dáil Éireann was rejected by the people.

I very much take on board what the Deputy said about the conclusion of other inquiries going on. Let us see a way forward from them because they are taking an inordinately long time and we need to ensure they are brought to a conclusion as quickly as possible, no matter what the outcome. While the Garda inquiries are going on, there is a barrier there which we need to try to get over. The only way to get over it is to bring the inquiries to a conclusion. I agree entirely with the Deputy on that and I will pursue that matter with the Minister for Justice and Equality.

In regard to the funding, unfortunately, the circumstances are as we find them. However, I will not just note what the Deputy said but I will convey his sentiments to the Minister in the strongest possible terms.