Written answers

Wednesday, 31 March 2021

Department of Health

Departmental Legal Cases

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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1197. To ask the Minister for Health if he will publish the advice received from a senior counsel on the practice of obtaining information from treating clinicians of children for the purpose of compiling dossiers on said children with special educational needs in respect of whom litigation was taken against his Department. [17521/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I take the allegations made in recent media reports extremely seriously. A team has been set up to establish the facts in respect of specific allegations made in the RTÉ Prime Time programme on 25th March 2021. The Department has engaged with the Data Protection Commissioner.

The allegations which were the subject of the RTÉ Prime Time programme on March 25th were brought to the Department's attention last year. The Department took the matters raised very seriously and commissioned an independent, expert review by an external Senior Counsel. This review was completed in November 2020. Subject to clarification of legal matters, I intend to publish this review at the earliest possible opportunity.

I am informed by officials that the Senior Counsel appointed to examine issues raised internally in the Department in 2020 had no role in the provision of legal advice as stated in this question. Legal advice to the Department is provided by the Attorney General.

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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1198. To ask the Minister for Health if he will send any information obtained from clinicians treating children with special educational needs as part of the compilation of dossiers for the purpose of defending litigation in respect of the said children’s special needs to those children’s parents, identifying the clinicians who provided the information. [17522/21]

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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1199. To ask the Minister for Health if he will identify all clinicians who provided information to his Department on children with special educational needs under their care as part of the compilation of dossiers for the purpose of defending litigation. [17523/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 1198 and 1199 together.

I take the allegations made in recent media reports extremely seriously. A team has been set up to establish the facts in respect of specific allegations made in the RTÉ Prime Time programme on 25th March 2021. The Department has engaged with the Data Protection Commissioner.

The allegations which were the subject of the RTÉ Prime Time programme on March 25th were brought to the Department's attention last year. The Department took the matters raised very seriously and commissioned an independent, expert review by an external Senior Counsel. This review was completed in November 2020. Subject to clarification of legal matters, I intend to publish this review at the earliest possible opportunity.

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