Mattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context

I am very disappointed the Minister for Health is not here. I wish to highlight the vital importance of whistleblowers in our health system, and call for immediate Government action in light of alarming protected disclosures that have been made by a qualified healthcare professional and pharmaceutical researcher regarding health policy, regulatory failures, and Covid-era interventions. This disclosure, made in accordance with the Protected Disclosures Act 2014, raises profoundly serious concerns, which if true, that strike at the heart of patient safety, medical ethics, and public accountability. The issues raised involve alleged misuse of end-of-life protocols, failures in vaccine safety oversight, and potentially criminal levels of regulatory inaction.

I am not here to make allegations against named individuals or to prejudge outcomes, but I am here to demand that the processes for handling protected disclosures, especially in the healthcare sector, be urgently and transparently reaffirmed. What this whistleblower and others like him are telling us is that protected disclosures are not being properly assessed, regulators and Ministers are failing in their statutory duty and disclosures supported by data, FOI evidence, and peer-reviewed science are being ignored, misdirected and stonewalled.

There is no independent oversight ensuring a disclosure leads to timely, fair investigations, especially when those disclosures involve State policy or powerful institutions. That is an intolerable state of affairs in a functioning democracy. Whistleblowers run the risk of their livelihoods, reputations, and sometimes their personal safety to uphold the public interest. Yet, instead of being protected they are often discredited, sidelined, and punished. We must ask ourselves whether our Protected Disclosures Act is fit for purpose when disclosures of this gravity, involving potential loss of life and systemic health failures, are effectively ignored.

I call on the Ministers for Health and justice and An Taoiseach to confirm whether they have reviewed this particular protected disclosure; commit to an independent statutory investigation into the core issued raised; overhaul the protected disclosure system to include a centralised triage mechanism with timelines and enforcement powers; and ensure health-related whistleblowers are never again left in limbo while their disclosures gather dust in ministerial inboxes or on shelves somewhere.

We are facing a moment of truth. A whistleblower has come forward with grave claims supported by evidence and the system must prove it can be trusted to act. If we fail to protect the truth-tellers in our health system, then we fail every citizen who depends on It. This disclosure submitted by a pharmacist and researcher, among other matters, includes strong evidence of the inappropriate and potentially lethal administration of under so-called end-of-life protocols in nursing homes during the first wave of Covid that may have directly contributed to hundreds, if not thousands, of avoidable deaths. The previous speaker was talking about the number of people in nursing homes and the age profile. They are of an age profile and they must be protected but they were not protected and have not been protected. Now that this whistleblower and others have come forward, there needs to be robust and responsible dealing with those whistleblowers, have the matters investigated at the highest level, and have them respected for what they are when they come from professionals, peer reviews and FOI requests.

Kieran O'Donnell (Limerick City, Fine Gael)
Link to this: Individually | In context

I thank the Deputy for raising this matter. I am taking this Topical Issue debate on behalf of my colleague, the Minister for Health, Deputy Jennifer Carroll MacNeill. As the Deputy will be aware, the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitisation is the lead-Department on protected disclosure legislation and provides guidance on all protected disclosure processes and guidance. Section 21(1) of the Protected Disclosures Act in Ireland empowers the Minister for public expenditure to issue guidance to public bodies to assist them in fulfilling their responsibilities under the Act. This guidance aims to help public bodies establish and maintain effective procedures for handling protected disclosures. The Minister may also issue guidance on the information that must be published setting out how disclosures may be made to Ministers or Ministers of State. This guidance is issued with the aim of assisting the persons referred to when establishing and maintaining reporting channels and procedures for the making of protected disclosures and for dealing with such reports of disclosures, referred to in this guidance as "procedures". Section 21(2) of the Act provides that the persons referred to above "shall have regard to" this guidance when establishing and maintaining such procedures. This means that while the channels and procedures should be tailored according to the specific business needs of the organisations concerned; they should be in general conformity with the principles set out in this guidance.

The Department of Health encourages all staff to speak up about concerns they may have about potential wrongdoings in the workplace. The Department has established procedures for the making of protected disclosures via our internal and external channels. All reports received are forwarded to the Office of the Protected Disclosures Commissioner. This ensures all reports of alleged wrongdoing doing are dealt with in a fair and transparent manner by the most appropriate prescribed person or other suitable person. Reports received in the Department are treated seriously and investigated where appropriate. The Protected Disclosures Act requires that the identity of the whistleblower is protected and remains confidential to the greatest extent possible. Whistleblowers are informed on how their concerns are addressed and the outcome of any investigation. Whistleblowers are protected from penalisation and should not fear making a disclosure. The Department of Health is committed to ensuring all staff members feel they can safely make reports of any alleged wrongdoings.

Mattie McGrath (Tipperary South, Independent)
Link to this: Individually | In context

As I said, I am disappointed the Minister is not here to take this matter. We do not have a good record in this country of respecting whistleblowers; that goes without saying. The inappropriate and potentially lethal administration of the so-called end-of-life protocols in nursing homes during the first wave of the Covid pandemic may have directly contributed to hundreds, if not thousands, of avoidable deaths. That is a stark figure and it is not my figure. It comes from professionals who are well versed in and understand the situations regarding the pharmaceutical components. There was a failure by the Health Products Regulatory Authority, HPRA, and the Pharmaceutical Society of Ireland, PSI, to act on credible evidence regarding the dangers of Covid-19 vaccines, including serious manufacturing and safety issues, and the intentional suppression of informed consent by the HPRA. The authority was informed of cDNA contamination in vaccines but did not investigate. We had a systemic failure of the protected disclosures process itself, including, as I said, ministerial-level stonewalling of urgent safety data, resulting in zero investigations into serious allegations involving avoidable death, medical misconduct and regulatory malpractice. It is no longer credible to delay. Will the Minister of State commit to commissioning an independent public inquiry into the contents of this protected disclosure? Will he direct the HPRA, the PSI and the Department of Health to respond substantively and transparently to the evidence submitted? Will he ensure the rights of this whistleblower are protected and no further retaliation or obstruction occurs? There is credible evidence of large-scale harm, cover-up and failure to act. Lives have been lost. We have a constitutional, legal and moral duty to investigate these allegations fully and transparently. I beg the Minister of State to bring this to the Minister and act on this immediately.

Kieran O'Donnell (Limerick City, Fine Gael)
Link to this: Individually | In context

On behalf of the Minister of Health, who I am taking this on behalf of, I thank the Deputy again for raising this matter. The Department of Health encourages all staff to speak up and raise any concerns they may have relating to potential wrongdoings in the workplace.

The Department provides the necessary supports for any staff member who raises any possible wrongdoings. A staff member who makes a protected disclosure under the Protected Disclosures Act is protected from penalisation or threatened penalisation.

The Department has established procedures for the making of protected disclosures by workers who were employed by the Department and for dealing with such disclosures. These procedures have been developed in accordance with the guidance issued by the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation. The Department has both internal and external channels available for receiving reports of wrongdoing and details of how to make these reports through the appropriate channels are published on the Department's website. In accordance with the Protected Disclosures (Amendment) Act 2022, all reports received via these channels are forwarded to the Office of Protected Disclosures Commissioner. The commissioner ensures that the report is submitted to the most appropriate prescribed person or suitable persons to deal with it. These measures ensure that all reports received are considered with transparency and impartiality. It is also possible for whistleblowers to make reports directly to the commissioner if they wish to do so.

Where a report is received for assessment, the concern is treated seriously and investigated where it is considered appropriate. Where an investigation takes place the identity of the person raising the concern is protected and remains confidential to the greatest extent possible, as required under the Protected Disclosures Act. The person raising the concern will be advised as to how the issue is being addressed, including the outcome of any investigation. Whistleblowers play an important role in revealing serious misconduct such as corruption, unsafe work practices or public health threats and improving accountability and transparency by fostering a culture where serious wrongdoing is not tolerated. As such, whistleblowers are protected under the Act from penalisation including dismissal, demotion, disciplinary action and reputational damage. The Department of Health takes these obligations very seriously and is committed to ensuring that all staff members feel that they can make reports of major wrongdoing without fear of penalisation. I am taking this on behalf of the Minister and will bring the matters raised to her attention.