Clare Daly (Dublin Fingal, Independent)
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224. To ask the Minister for Health when the HSE will publish two reports (details supplied). [39014/16]

Finian McGrath (Dublin Bay North, Independent)
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The reports referred to by the Deputy relate to allegations of abuse in a former foster home in the South- East which are the subject of an ongoing criminal investigation by the Gardaí. The case regarding Grace (a pseudonym for the young woman at the centre of the alleged abuse) was raised by the Committee on Public Accounts in 2015 in the context of the procurement process for the Resilience Ireland and the Conal Devine reports and the extended period of time during which it has not been possible to publish them.

It is important to note that the HSE has always emphasised that it has not waited for the publication of the Devine report to act on its recommendations, and that it has put in place a number of changes to take account of the service and management deficiencies identified. This includes the publication, in December 2014, of its national policy: Safeguarding Vulnerable Persons at Risk of Abuse- National Policy and Procedures.

In response to the concerns raised regarding the procurement and publication of the reports, the former Minister of State, Kathleen Lynch T.D., appointed Conor Dignam S.C. to undertake a review into these matters, taking account of the ongoing Garda investigation.

In relation to the publication of the Devine and Resilience reports, Mr. Dignam found that:

The HSE’s general approach to publication of reviews and investigations is not to publish anything which Gardaí advise may adversely affect a criminal investigation, and he agreed that such an approach has very considerable merit;

However, the HSE’s decision to accept that the validity of the Gardaí’s opinions and wishes can only properly be made following an exploration of the case with the Gardaí. The documentation does not show that type of exploration;

Publication is ultimately a judgement call for the HSE, which it must make in the exercise of its statutory functions.

Mr. Dignam further advised that there is no civil law bar to publication, and in the event of a criminal prosecution, publicity is unlikely to fatally interfere with a fair trial.

In light of Mr. Dignam’s conclusions, I asked the HSE to examine again the case for publication of the Devine and Resilience Ireland reports and, if necessary, to initiate appropriate discussions with An Garda Síochána in order to reach an early decision on the matter. In reply, the HSE informed me that it has commenced a process of engagement with An Garda Síochána to enable it to make a decision regarding the potential for publication, in whole or in part, of both reports. The HSE has also reiterated its commitment to publish both reports as soon as is feasibly possible.