Victor Boyhan (Independent) | Oireachtas source

I support the amendments tabled by Senators Ruane, Higgins, Black and Flynn. I thank them very much for the really extensive work they have done on this legislation to this point.

I want to touch on two of the amendments, Nos. 18 and 19. Amendment No. 18 relates to the experiences of mixed-race children in Irish institutions. At the end of the day, there was downright racism. The institutions were State institutions and most were under State control, and we now have a situation in which there is nothing relevant in the documentation when you try to summarise what occurred. I spoke to a journalist this afternoon who asked me about some of the key issues. This is about those who experienced racism, those who were subjected to drug trials and those who spent fewer than six months in an institution. None of these people are covered or getting any redress. There are many good aspects to this Bill, but when we crystallise what we will be saying on "Morning Ireland" tomorrow or the next day, our intention will be to spell out the circumstances of those who have been excluded. I have proposed putting parallel arrangements in place but they have not gone down well either.

I acknowledge the work of Mr. Conrad Bryan, who I am aware has tuned in tonight. He has done an enormous amount of work with us and has liaised with many of us on this side of the House. Having talked to many people on the other side of the House, he had expectations that they would be more vocal in their support for him, but that simply has not happened. That is the reality of it. The great thing about being in this House is that when we debate these issues, we have the comments on record. Mr. Bryan has told me he engaged with and spoke to several members of the committee and that he has studied its work extensively. The committee did great work but somehow it is just not reflected in this legislation. There was much expectation but that is for another day and we still have to decide on amendment No. 18 in a few moments.

On amendment No. 19, on the pharmaceutical vaccine trials, I am not going to go on at great length. We are all conscious that we are under time pressure. I am conscious that the Minister wants to get this legislation through the House and that there are many good aspects to it. There are many tuned in tonight who will benefit greatly from some of its provisions, which has to be acknowledged, but how can this be squared with the position on vaccine trials? A journalist asked me how it could be squared that people gained access to the institutions illegally. They did not break the doors down but were facilitated and brought in. Children were taken out of cots and prams and injected with substances, and this has not been accounted for. Regarding a pharmaceutical company whose name I saw in the press, I circulated the information to every member of the Oireachtas in the past week. At the end of the day, no one has been held accountable. It is downright outrageous and nobody seems to be crying halt. No one seems to be coming up with an alternative to say that while we have missed the boat, we are making a commitment. No one is standing up saying what the Government is prepared to do.

To be fair to Deputy Micheál Martin, a long time ago, when he was Minister for Health, he asked Dr. Kiely, the then Chief Medical Officer, to investigate the matter of the vaccine trials. I came to the Houses with a very large contingent of people, about 40, on the basis of an invitation from many parliamentarians and we heard how shocking the matter was. The former Minister for Health talked about the institutions, including Bessborough. Dr. Kiely took four samples as he clearly could not investigate all the institutions. He found that, in all cases, drug trials took place without anyone acting inloco parentis.It is on the record of the House and I will circulate it again tomorrow. Deputy Micheál Martin is Tánaiste now and last year when he was Taoiseach, he was fully committed to it. He is on the record as telling the House that he wanted a just system but it has gone nowhere. It is very important that tomorrow or the next day we are able to put our heads in the media to explain why the Government is not putting in place redress with regard to the pharmaceutical industry, which carried out illegal drug trials on children in State care. We know that many children died in care. We cannot attribute it to these particular vaccine trials but we know they did. We know a number of these children went on to develop serious liver function problems and to this day they get liver function tests four times a year. We cannot be certain of the reason for this but a large cohort of people who lived in some of these institutions went on to develop liver problems. There is an issue.

I have reminded the House, and I will reiterate, that Alan Shatter, a very eminent lawyer and then a member of Fine Gael, contacted a group I was involved with regarding legal representation or assisting us with legal advice. We did not have the money to take him on board for legal representation but he gave us good advice. He reminded us of the right to bodily integrity enshrined in the Constitution, under which the Parliament operates. People have a constitutional right to bodily integrity. How can the Minister explain that there is no provision for these people? Does he have any idea or any plan to set up another form of redress or investigation?

I call again on the Government to examine its relationship with GlaxoSmithKline. There was a very interesting article in the Sunday Independentor the Business Post, which are the two newspapers I read last Sunday. It stated that 80% of the pharmaceuticals purchased in the State are purchased by State agencies through the general health medical system. This is an enormous contribution. The State is spending money heavily. I understand this and I do not have an issue with it but we must seriously look at the State's relationship with this company. I am serious when I say this. This is the message I will be belting out over the next few days. Is it acceptable and tenable for the Government to continue to sign highly lucrative contracts with GlaxoSmithKline? The Government is aware that the company is the successor to a number of companies that carried out illegal drug trials on children in State care. I suggest it is not acceptable. I suggest we need to point in the direction of very detailed scrutiny.

It was attributed to the Minister in some media cuttings that I pulled together for another project yesterday that he would have expected the company to do the right and honourable thing. We would all have done so. We have leverage if the State spends millions of euros with this company. I know it is an employer in the country and that it contributes to the economy, pharmaceuticals and research and education. I know it does a lot of good things but it is not unreasonable that the pressure should mount on this particular company to make a contribution in some way to a scheme. If it makes a contribution to a scheme, that contribution needs to be ring-fenced first for the people who were subject to abuse by the company in the vaccine trials. I support the amendment.