Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 31: To ask the Minister for Health and Children the action she will take and the action she has taken to date in respect of vaccine trials on children in State care during the 1960s and 1970s; and if she will make a statement on the matter. [41893/10]

Mary Harney (Dublin Mid West, Independent)
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Vaccine trials carried out in children's homes were the subject of media reports and questions to Ministers during the 1990s. In view of the is, the then Chief Medical Officer was asked to carry out a review of the information available in the Department on the issue. The "Report on 3 Clinical Trials involving babies and children in institutional settings 1960/61, 1970 and 1973" (the Kiely Report) was laid before the Dáil on 9th November 2000 by the Minister for Health and Children, Mr. Mícheál Martin T.D.

The Government decided that there should be further investigation of the matter and that the Commission to enquire into Child Abuse would be the most appropriate forum in which the investigation could be carried out. In these circumstances, the Commission was given additional functions under the Commission to Inquire Into Child Abuse Act, 2000 (Additional Functions) Order, 2001 (S.I. No. 280 of 2001) to inquire into-

a) the 3 vaccine trials referred to in the Report of the Chief Medical Officer entitled "Report on Three Clinical Trials Involving Babies and Children in Institutional Settings 1960/1961, 1970 and 1973", and

b) any other vaccine trial found by the Commission to have taken place in an institution between 1940 and 1987 based on an allegation by a person who was a child in that institution that he or she was the subject of such a vaccine trial.

The Vaccine Trials element of the Commission began its work by collecting information from a range of sources, including homes, pharmaceutical companies and the Department. A considerable amount of data was gathered.

The Commission commenced its investigation with the first trial which took place in 1960/61. In 2003, in the course of a judgment on an issue about compelling a witness to attend, the Supreme Court commented on the issue of the vires of the SI but did not rule as it was not put to the Court. (The implication of the comment was to the effect that the SI was ultra vires) The Chief Justice stated that "there is no indication in the report of the Chief Medical Officer which is recited as having led to the invocation by the Government of its powers under this provision, of any abuse of children within the meaning of the Act". This opened up the possibility of further challenges being taken. A subsequent Judicial review on the vires of the SI resulted in the High Court decision that the SI was ultra vires.

Having carefully considered both the Court judgments and the High Court decision I decided that no further investigation would be carried out. It is considered that it was very likely that any further investigation would experience similar difficulties to those encountered by the Commission.