Liam Twomey (Wexford, Fine Gael)
Link to this: Individually | In context

Question 278: To ask the Minister for Health and Children if the in-depth study of the powers of the Health Service Executive promised to be undertaken following the publication of the Ferns Report has been completed; if she will publish the outcome of that review; and if she will make a statement on the matter. [39394/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

As I have indicated to the House previously the Government attaches a very high priority to the Report of the Ferns Inquiry and to following up on the Report's recommendations in the context of ensuring that effective child protection and welfare systems are in place to protect children. Before the publication of the Ferns Report I sought the advice of the Attorney General on the Report including the issue of the Health Service Executive's powers in relation to third party abuse raised in the Report and the advice was that the Executive had general powers under the Child Care Act 1991 in relation to third party abuse.

In line with the recommendations, however, it was considered that the Department of Health and Children in conjunction with the Attorney General's Office should undertake an in depth study of the HSE's powers in relation to third party abuse and this would be followed by legislative proposals as required. Following further detailed discussions between the Office of the Minister for Children and the Attorney General's Office on the question of conducting the in depth examination of these issues the Office of the Minister for Children and the Health Service Executive are examining in detail the various issues involved. I expect that this process will be concluded in the near future and that the advice of the Attorney General's Office will be sought on the outcome of these deliberations as necessary and that subject to Government approval I will then publish legislative proposals as required following this.