Dáil debates

Thursday, 5 December 2013

Topical Issue Debate

State Pathologists

4:55 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I welcome the opportunity to raise this issue and I thank the Minister of State, Deputy Kathleen Lynch, for coming to the House to reply to it. Recent reports suggest that all is not well in the Office of the State Pathologist. I do not wish to refer the House to the intricacies of recent resignations but I would like to obtain some clarification from the Minister of State in respect of a number of issues pertaining to the office. In particular, I ask her to indicate that the office is working well and efficiently and that there is public confidence in it. I am of the view that it is important that we should consider the workload of the office and the fact that there are three State pathologists for the entire country and that the pattern of forensic evidence gathering has changed in recent years. Forensic evidence is vitally important and is used regularly in the criminal courts. Having regard to the fact that 200 or more relevant cases are dealt with on an annual basis, it is important that there be strong public confidence in the office. Post mortem examinations need to be carried out in emergency situations, suddenly and often without notice. It is essential, therefore, that there be optimal response times and that officials from the Office of the State Pathologist can get to far-flung parts of the island at very short notice. It is important that the regime in this regard be maintained.

I am somewhat concerned about the lack of service in cases in which there may not be an element of suspected foul play but the families of deceased persons experience extreme suffering and trauma. For example, a body might be discovered in my constituency on a Friday and there might not be anybody available to carry out an examination. In a very sad recent case, the body of a deceased person was not released to the family until four days after death had occurred. That is simply not good enough.

If there are any doubts or issues in respect of the Office of the State Pathologist, I ask that the Minister of State, Deputy Kathleen Lynch, authorise a cross-departmental review. These are medico-legal issues. The office comes under the auspices of the Department of Justice and Equality but it also deals with matters relating to the Department of Health. By definition, the State pathologists are doctors and members of the medical profession. It is absolutely essential that both Departments be involved in the running of the office. I hope the issues surrounding the Office of the State Pathologist that are currently in the public domain will be dealt with in a way that ensures there is confidence in the system and that the office is operating satisfactorily and has access to adequate resources. I ask the Minister of State to address these issues in her reply.

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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Before I begin, I wish to express my admiration for Deputy Charles Flanagan. The way in which he spoke about this matter just shows how long years of involvement in a particular area can be used to one's benefit.

I thank the Deputy for raising this issue. The Minister for Justice and Equality, Deputy Alan Shatter, is unable to take the matter as he is attending a meeting of the Justice and Home Affairs Council in Brussels.

As the Deputy will be aware, Dr. Khalid Jaber recently tendered his resignation from the post of deputy State Pathologist. His resignation has been accepted with immediate effect and he has been notified accordingly. The Minister fully appreciates that a number of issues arise at an operational level arising from the departure of Dr. Jaber. This is clearly the case because the functions undertaken by the Office of the State Pathologist are very important and can only be carried out by highly qualified and experienced medical personnel.

Following the resignation of Dr. Jaber, the primary service operated by the State Pathologist's office is being provided by the State Pathologist, Professor Marie Cassidy, and the deputy State Pathologist, Dr. Michael Curtis. This service is supplemented, as required, by Dr. Margot Bolster, assistant State Pathologist. In the overall context, it is a matter for the State Pathologist to determine how her office operates. In that regard, the Minister understands she is in the process of putting in place the necessary operational arrangements to take account of the resignation of Dr. Jaber.

In raising this Topical Issue the Deputy referred specifically to the service provided by the Office of the State Pathologist at weekends. This service operates on an on-call basis and is designed to ensure urgent requirements can be met. With particular reference to the circumstances to which the Deputy referred, the Minister has been informed by the State Pathologist that she has arranged for Dr. Bolster to assume on-call call duties which would previously have fallen to be undertaken by Dr. Jaber.

The Minister has requested that I assure the Deputy and all Members that the question of finding a replacement for Dr. Jaber is being actively pursued by the Department. In this connection, the filling of the vacancy has been approved by the Department of Public Expenditure and Reform. It will be necessary to have a high level competition to secure a suitable replacement for Dr. Jaber. This will be arranged in conjunction with the Public Appointments Service.

The Minister is also pleased that the provision of new accommodation for the State Pathologist's office at the former Whitehall Garda station is proceeding as a shared location project with the Dublin City Coroner. The current position is that the relevant architectural drawings are being finalised for the refurbishment of the building, with the necessary work to be undertaken and completed in 2014. It is the Minister's view that a professional and comprehensive pathology service will continue to be delivered by the Office of the State Pathologist and in that regard, he has full confidence in the State Pathologist, Professor Cassidy, and her staff.

5:05 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I thank the Minister of State for the clarity with which she replied on behalf of the Minister. She has addressed many of my queries. However, two further issues arise. First, she has indicated that the move of the Office of the State Pathologist to the former Whitehall Garda station is proceeding as a shared location project with the Dublin City Coroner. Will she be more specific in terms of the timeframe for completion of the project? I hope the works will be undertaken in early 2014 as it is important that the project is completed in a timely manner. Second, speaking at a seminar last year, the State Pathologist, Dr. Marie Cassidy, reportedly warned that she and her colleagues, all of whom were in their 50s and had been trained abroad, were heading towards a time when they would be thinking of leaving the profession and that there was nobody being trained to replace them. She called for her profession to be officially recognised by the Medical Council in order that training could be established in Ireland. This is important in the context of the recent resignation from her office and the need to ensure a replacement, having regard to the fact that the entire country is covered by three officers who must deal with at least four cases per week. While I recognise and accept what the Minister of State said, I ask her to be more specific as to the type of recruitment competition that will take place. Is the Department resigned to having to recruit someone from abroad on the basis that we do not appear to have the necessary expertise at home? Is this a satisfactory position?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
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The works are due for completion in 2014. Given the type of work required when refurbishing an old building, I expect the project will be completed as quickly as possible next year. I fully accept the points the Deputy makes about people coming through the system in terms of training and expertise and the recruitment process will take place at a high level. We are prepared to offer a position to any person who is suitably qualified, irrespective of his or her location. It would be worthwhile examining the possibility of having someone appointed to the office on a training basis because academic and on-the-job training will be required and not everyone is suited to this type of work. I will raise the Deputy's concerns with the Minister.