Rónán Mullen (Independent)
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Cuirim fáilte roimh mo chomhghleacaí ó Ghaillimh, an tAire Stáit. This matter relates to the commitment given to tender publicly for what was supposed to be an independent chair for the three-year review of the abortion legislation.

On 8 December, prior to the launch of the three-year review, the Minister for Health, Deputy Donnelly, confirmed publicly, as he had on several occasions, that an independent chair would be appointed to lead the review. In an address by the Minister to a meeting of the Joint Committee on Health on 8 December, members were informed that legally the appointment of a chair must go to an e-tender as the cost involved may be up to €100,000. A statutory requirement in respect of appointments costing in excess of €25,000 required the post to be put out to tender, as acknowledged by Ms Geraldine Luddy from the Department. The Minister said that, following advice, he was instructed that, if he were to make an appointment without undertaking an e-tendering process, he would be acting illegally. The Minister also claimed that his Department would issue the tender for the chair on the Government's eTenders website in the coming days, although he later said that he had asked officials to ensure a tender was issued in the next two weeks. He noted that all of this was unfortunate because a number of excellent candidates had been identified and that he "would much rather be announcing a chair today". He later contradicted himself, claiming: "We have also put out the tender for the chair today."

It is interesting that a press release went out that day saying that an e-tender had been put out for the appointment of an independent chair. That was sent to all media but it did not happen. Later that day or, perhaps, later on, another press release was put up on the Department's website, we might say secretly, removing the reference to an independent chair. Of course, that was not circulated to the media.

On that day, Ms Luddy confirmed that the e-tender would go up within a week or so of the date of that meeting of the committee. It was acknowledged by the departmental official that the existing e-tender on the website dealing with the research element was not the tender for a chair. Over the course of December and into January, no e-tender seeking applications for the position of independent chair was posted on the website. An article in The Irish Timeson 13 January claimed that "a request for tender for a chair to carry out research into the views of service providers was published last December". That was not the case. The Minister was quoted as expressing his desire that the process to select an independent chair would be got through quickly. He wanted it to be completed by the end of January. However, it was only in response to a parliamentary question on 19 January that the Minister acknowledged that he had, in fact, contacted a small number of candidates and invited them to apply for the position of independent chair. The commitment given and repeated publicly that there would be open recruitment for an independent chair was not fulfilled. It seems it was not intended to fulfil that commitment and nobody was told that was the case.

We now have to say we suspect dishonesty. There is no other word for it. There has been a failure on the part of the Minister and his officials. I have raised this issue several times. People have sought to communicate with the Minister. The Minister of State has very wittily said here previously that she would not be here if there was any good news to give. This is the same thing. The Minister of State and I would both tell our visitors in the Gallery that they are very welcome. If that young man in the Gallery ever goes into politics, I hope he will treat his colleagues better than the Minister for Health is treating us on this issue because this failure to be truthful and upfront is a bad reflection on the Minister and his Department.

A closed number of candidates were contacted. We do not know who they were. Subsequently, it was announced that a person had been appointed as an independent chair. It is vital that an independent chair is somebody who can look at the workings of this abortion legislation from the point of view of those who have concerns. An example of such a concern from a pro-life perspective it that there is not adequate pain relief for late-term abortions. It is appalling to even have to talk about such issues. There are also issues with regard to the rise in the number of abortions. There are also those who favour abortion who would like there to be fewer obstacles to getting abortions. We need someone who does not have skin in the game and yet Ms Luddy said at that meeting of the Joint Committee on Health that it needed to be somebody with a reproductive rights-based approach. All this time, we have had people talking out both sides of their mouths. They have been talking about independence while not acting openly or in a trustworthy way and not communicating that they had changed their mind and were going back on their commitment or that they were never sincere about it in the first place; I do not know which was the case. However, it was done secretly and, in the end, somebody who expressed views in favour of repeal before any of this happened was appointed. It is a shambolic situation and I hope the Minister of State has some answers for us.

Anne Rabbitte (Galway East, Fianna Fail)
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As the Senator will be aware, the Health (Regulation of Termination of Pregnancy) Act was signed into law on 20 December 2018 and commenced on 1 January 2019. A review clause was included in the Act to facilitate monitoring of the impact, operation and effectiveness of the legislation in practice, as well as the delivery of services in this area.

The review of the operation of the Act has commenced and will comprise two phases. During the first phase, information and evidence on the effectiveness and operation of the Act will be collected from women who use the service, health professionals who provide the service and from the public. Independent research commissioned to inform the service user and service provider strands will form key elements of the review.

Research to inform the service user strand has been commissioned by the HSE. The large-scale qualitative research will generate an in-depth understanding of the experiences of women who have accessed services since the commencement of the Act. Independent research is also being commissioned on service providers' views on the operation of the legislation. The tender process for the research is in train. A request for tenders was published on the Government's eTenders website in December. The Minister for Health also announced a public consultation to inform the review on 8 December and the consultation will be open until I April. Everyone who would like to express their views on the operation of the Act should participate.

The second phase of the review will be led by an independent chairperson. As the Minister stated during his appearance before the Joint Committee on Health on 8 December, since the costs involved in contracting an independent chairperson to conduct the review were estimated as exceeding €25,000, the advice he received from his officials was that the Department was obliged, under procurement rules, to tender for the appointment. Under that procurement process, given the expertise required for the position, a small number of candidates, identified as having suitable experience, were contacted and invited to submit a tender to take on the role of independent chairperson. I am delighted to confirm that the Minister has appointed the barrister, Ms Marie O'Shea, as the independent chairperson. Ms O'Shea has significant legal expertise, as well as experience in project management and healthcare sector research. As independent chairperson, Ms O'Shea will assess the extent to which the objectives of the Act have been achieved, analysing the findings of the three strands of phase one of the review as part of it. She will also assess the extent to which the Act's objectives have been achieved and make recommendations to address any barriers identified. The chairperson will also draw on the findings of other relevant peer reviewed research and consult further with stakeholders as necessary.

Concerning the press release issued on 8 December, this was reissued to clarify that the tender, which had issued on that date, was for the research component of the review. The Minister is confident that the chairperson, Ms O'Shea, will conduct this important work thoroughly, efficiently and in a fair and transparent manner. The Minister also looks forward to receiving Ms O'Shea's final report in which she will set out her conclusions, and any recommendations, later this year.

Rónán Mullen (Independent)
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I thank the Minister of State for her response but, as predicted, she has been mistreated as well as the rest of us by being given what a rather duplicitous text to read because the import of it is that they acknowledge that they knew they had to tender. I have read the transcript of the health committee meeting and they were committing to openly tendering. Now what they are trying to do is to cover their tracks afterwards by claiming what they meant by tender was this secret process of contacting a small number of suitable candidates. For all we know now they were actually looking for a crony or somebody who actually was, if you like, on the abortion side of the argument because we have had no honesty and no reassurance.

I am sure that the person they have appointed intends well but that person, on several occasions, engaged in a patter of tweeting tending to support the repeal side of the argument. That is why I called in the Seanad last week for her to honourably withdraw. How can the public have confidence in a Minister and a Department who say that they are going to appoint somebody independent and then they appoint somebody who can be proven was supporting abortion at the time of repeal? They say that they were going to tender openly and they do not do it. They tender secretly and they never tell us that they are going to do that. Then they change a press release but they do not alert the media to the fact that they have done so. It is nothing but dishonesty, I am afraid. It is an apology that they owe us, and it is not the Minister of State who should have been asked to come in and answer this today.

Anne Rabbitte (Galway East, Fianna Fail)
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I thank the Senator again. All indications are that these services are both operating and available, and they are delivered in hospitals and community settings. The Minister is determined that the review will be undertaken in a fair and transparent manner.

As I outlined in my opening remarks, a three-part approach will be taken to reviewing the operation of the Act with strands focusing on service users, service providers and a public consultation. Independent research is being undertaken to inform the services users and the service provider strands. It is the Minister's hope and, indeed, my own that all those interested will take the time to voice their views as part of the public consultation.

The second phase of the review will be led by the independent chairperson. We have now conducted the procurement process for the position of the chairperson. The Minister is confident that the person appointed, Ms Marie O'Shea, bachelor of law, has the experience necessary to carry this very significant work thoroughly, efficiently and in a balanced and fair manner.

As I have previously clarified, the press release issued on 8 December was reissued to explain that the tender, which had issued on that date, was for the research component of the review. The Minister is confident that the information gathered during the review of the operation of the 2018 Act will provide us with the evidence as to how to proceed in the future. It is essential that we continue to ensure that the services mandated by the people in May 2018 operate effectively.