Seanad debates

Wednesday, 13 November 2002

Lindsay Tribunal Report: Motion.

 

Maurice Hayes (Independent)

I have some sympathy with the point raised by Senator Ryan. I unequivocally support the paragraph which supports the Government decision to refer the report to the Director of Public Prosecutions. I cannot put my hand on my heart and say that services are above reproach. I am encouraged by the tone of the Minister's reply, it was compassionate, measured and sensible. It is the decent thing to do and I am not surprised the Minister has done that.

I found this to be a difficult report to read in two senses. It is difficult to read by way of organisation and presentation. While I do not want to put those who compile such reports into straitjackets, it would be helpful if a convention could be developed by which reports would be presented in a digestible way. There are differences of opinion about whether there can be an executive summary or recommendations should be presented in such a way that the conclusions are clearly apparent. I found that difficult. I do not disregard the work that went into the report or the great effort of Ms Justice Lindsay. The language of the report and the judgment is not always the language required to deal with the passion of such a situation.

I also had difficulty with the report in terms of the emotion and suffering behind it. We owe an enormous debt of gratitude to the people who appeared before the tribunal, particularly members of the Irish Haemophilia Society, which has fought its corner for so long and without whom it is unlikely the issue would have been brought to this stage. The most worrying and damaging aspect of this is these people approached the State and its agencies for care, which was given on behalf of all of us, and they were more damaged as a result. People who participate in tribunals seek the truth, whatever that may be, or justice – they are not always the same – and it is sad that those who are most damaged by the actions of the agencies feel most bruised by the outcome of the tribunal while those who may have been culpable are mopping their brows in relief.

That is why the report should be forwarded to the Director of Public Prosecutions. It is all very well to talk about systemic failure but systems are manned by people who must take responsibility for the systems they operate and I was taken by Senator Ryan's remark in this regard. I am not sure whether there was a departmental representative on the board because, again, this was another issue that was difficult to dig out of the report.

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