Seanad debates

Friday, 2 July 2010

Health (Amendment) Bill 2010: Committee and Remaining Stages

 

1:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

The Senator has the right to do as he wishes. The difficulty with this is that if one compels attendance and creates an inquisitorial situation, a person will present his evidence and, naturally, that evidence will most likely be adverse to somebody else. That person would then have to be asked about his position. Inevitably, lawyers will become involved and whatever is found by the review group will have to be put to the two people for their review and feedback. Let us bear in mind that we are dealing with 188 cases here. With compellability of witnesses it would take years, at least, for the review group to report. My intention is to have timely reporting. If one uses a statutory type of inquiry, which is inquisitorial and compels witnesses, one goes down a cul-de-sac if one's primary aim is timely reporting, as we have learned from the tribunals.

The review group is free to invite people to meet it, if considered necessary, but it is not the principal focus of the work. In my experience, in previous inquiries of a non-inquisitorial and non-statutory nature there has been no resistance on the part of HSE staff to co-operate.

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