Written answers

Wednesday, 18 October 2006

Department of Health and Children

Health Reports

9:00 pm

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Question 216: To ask the Minister for Health and Children further to Parliamentary Question No. 66 of 6 July, 2006 and No. 204 of 28 February, 2006 in relation to the death by suicide by a person in County Cork and the outcome of the mental health commission report on the circumstances on the death, if she has received a copy of the report of the circumstances in this death; if she will publicise this report; and if she will make a statement on the matter. [33360/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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I have not yet received the report referred to by the Deputy. However, the Mental Health Commission has informed my Department that the report is currently being finalised and expects to be in a position to send it to me very shortly. I will consider the Deputy's question when the report is received.

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Question 217: To ask the Minister for Health and Children further to Parliamentary Question No. 715 of 27 January, 2004 and No. 55 of 16 June 2005 if the mental health commission has inquired into the alleged abuse of a person; and if she has received a report in the matter. [33361/06]

Tim O'Malley (Limerick East, Progressive Democrats)
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I invoked my powers under Section 55 of the Mental Health Act 2001 and formally requested the Mental Health Commission to carry out an Inquiry arising from allegations made on behalf of a named person while a patient at St. Fintan's Hospital, Portlaoise, County Laois.

Arising from the Inquiry a confidential report was prepared dated 2nd March 2005, which was forwarded to me on 2nd March, 2005.

The Mental Heath Commission received a request for a copy of the report from solicitors acting for the named person and her father. In the normal course of events it is the Mental Health Commission's preference and ethos to disclose to the patient the information sought subject to what is in the best interests of the patient. In this instance the patient did not have capacity to consent to the release of the report which contains very sensitive and personal information. In those circumstances a copy of the report was provided to the named person's father pursuant to judicial review proceedings brought by him and on the basis of a written undertaking to the Court by the named person's father that the report would be treated with the same duties of confidentiality that would attach if it were produced pursuant to an Order for Discovery by the Court in a lis inter partes and where any breach of confidentiality amounts to contempt. The Judicial Review proceedings were then withdrawn.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 218: To ask the Minister for Health and Children if she has been briefed on the contents of Professor O'Neill's Leas Cross report; the date she received this briefing; and if she will make a statement on the matter. [33362/06]

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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Question 219: To ask the Minister for Health and Children if she will publish the Leas Cross Report; and if she will make a statement on the matter. [33363/06]

Photo of Seán PowerSeán Power (Kildare South, Fianna Fail)
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I propose to take Questions Nos. 218 and 219 together.

The Leas Cross Report was provided to the Minister in June 2006 and the Minister was briefed on the report at that time. The Minister has requested the Health Service Executive to publish the recommendations contained in the Leas Cross Report and to engage in a further process to overcome any outstanding legal obstacles to the publication of the report in its entirety. The HSE has commenced such a process and I expect the report to be published shortly.

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