Victor Boyhan (Independent) | Oireachtas source

I will focus on two issues and speak to amendments Nos. 23 and 24, which are extensive and cover many areas. I will focus on a recurring theme in both amendments, that of the details applicable in terms of vaccines. Amendment No. 23 reads: “the relevant person’s medical records from birth until the time of placement, including x-rays, tests, vaccines”. Amendment No. 24 reads: “records of any vaccine trials in which the relevant person was a research subject”.This is an area I know quite a lot about. We know, and it is a fact, that these drug trials took place. They were the subject of a very comprehensive statement by the Taoiseach when he was the Minister for Health and Children all those years ago. He came to both Houses for exhaustive engagement and statements. He raised similar issues of concern and engaged Dr. Jim Kiely, who was the Chief Medical Officer at the time, to carry out some random samples. Bessborough was one of five institutions involved in the test case but there were many others. The scope of the inquiry was subject to litigation. It was found to be ultra vires, partly because it was tied in with the Ms Justice Mary Laffoy commission. It went on extensively and there were various inquiries in relation to it.

We know also that there was extensive documentation under discovery relating to the carrying out of these drug trials in institutions, including the one I lived in. I want to acknowledge that on the record of the House. GlaxoSmithKline wrote to a number of people, including me, to ask if we would like to avail of the idea of documentation. That is an ongoing process which I am not at liberty to discuss in any great detail in the House. It is not the only company involved. Having met many people involved in this matter on the journey they have taken, I am now 100% satisfied, as was the then Minister and then Chief Medical Officer, that vaccine trials took place on children in care. Who was acting in loco parentisis still questionable, but it happened. We secured some legal advice. The issue of bodily integrity is critical in the context of our constitutional rights.

There is a load of issues around this. I do not want to deviate too much but I will say that the people who were held in State institutions for whatever reason should have a right of access. From the engagement with a number of drug companies, we know they have substantial information. To be fair, they are co-operating in some respects. Under the motion for discovery related to the State's tribunal into these issues, which ran into the sand in the end, we know there was very substantial confirmation as to the nature and level of use of vaccines on these children. It is very interesting to see reference to vaccines in various proposals and amendments to the legislation. I just want to keep my focus on that.

It is important to acknowledge that a lot of people have struggled to get this information. From my experience and from talking to other people involved in this, I know they approached institutions and were told the institutions did not have information. When people started to initiate legal proceedings, these institutions were suddenly more forthcoming in confirming they were involved in the trials. I spoke with three people who were involved, one of whom was my GP with whom I retained a great friendship until he passed on some years ago. I also spoke with two of the eminent professors based at UCD who were involved in these trials. The trials were the subject of extensive coverage on "Today Tonight" and "Prime Time". I met people directly involved in these drug trials and in their co-ordination who were based in UCD. There is a lot of information about this. I want to acknowledge the Taoiseach in particular. Little did I think I would become a Member of this House and little did he think when he was the Minister for Health and Children that he would become the Taoiseach. There was a commitment, an engagement and an understanding by all sides in both Houses that we would get to the bottom of this issue.

The amendments deal with the right to know and the right to discover. I do not want to conflate the two issues, other than to say that the Minister will recognise the real importance of medical records for people in these situations, in particular records on the vaccine trials, which is an area I have a huge interest in and on which I have ongoing engagement with GlaxoSmithKline. I would be very interested in the Minister's views on that or any other mechanisms he might suggest.