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Dáil Éireann debate -
Thursday, 19 Oct 1995

Vol. 457 No. 3

Adjournment Debate. - Sexual Abuse Allegations Against Hospital Consultant.

I am grateful for the opportunity to raise this issue with the Minister for Health. It is with depressing regularity that I raise issues relating to the reporting and investigation of allegations of child sexual abuse. This matter is dealt with not only by the Minister's Department but also by the Department of Justice. In the recent past church authorities have had to confront this problem in a most painful and public fashion. Despite the recommendations of the Kilkenny incest inquiry report and a seemingly endless litany of revelations which highlight inadequate State procedures to deal with this criminal activity, there is much unfinished business in terms of the responsibility of civil authorities in this whole affair.

This evening I specifically ask the Minister to give whatever information he has about the manner in which Our Lady of Lourdes Hospital in Drogheda dealt with allegations of sexual abuse of a patient by a hospital consultant. Local general practitioners have stated that they are still in the dark, as are many people, about procedures used in the course of an internal inquiry by the hospital into the allegations of sexual abuse. There have been reports that the hospital board closed the file following a four month internal inquiry without having interviewed the original complainant. What kind of inquiry would do such a thing? Is it proper that the hospital board be charged with carrying out such an inquiry given the gravity of the allegations?

It is stated that the board relied on a contractual technicality which requires an allegation to be reported within six weeks of its occurrence. That is an absurdity when dealing with such a fundamental breach of the doctor-patient relationship. Will the Minister confirm that it was only because of the intervention of the health board that the consultant in question retired? I need many answers to this matter which do not all relate to the Minister's portfolio.

When was the health board first made aware of these allegations? Was it in April 1995 when the victim informed the director of community care of the North-Eastern Health Board that he had been abused in 1975 by the consultant? Did the health board alert the Medical Council, the Garda and the hospital on hearing of the allegation? Is the Minister aware that a formal complaint was made to the Garda in this matter almost a year previously, on 16 June 1994? Did the Garda report the allegation to the health board given that the complaints related to assaults allegedly occurring in the course of the consultant's professional duties in the hospital? Is it the case that ten months elapsed, with a Garda investigation ongoing, without any formal contact between the Garda and the health board in this matter? When was the Minister informed of these matters and what action did he take? Has he made contact with the Medical Council? Has he requested a full report from the health board? Is the health board aware of other such allegations of abuse in the hospital? Were other inquiries, internal or otherwise, initiated against this consultant in the past?

It is important that the Minister clarifies in so far as he can what he proposes to do to ensure procedures are in place in each hospital to deal expeditiously and in a uniform way with allegations by patients against hospital staff. Such clearly understood procedures are important for staff as well as patients. Does the Minister agree that to treat such a criminal allegation in the same way as would be appropriate for a disciplinary or personnel matter is highly unsatisfactory? It appears the hospital in question dealt with this entire matter by way of the disciplinary and complaints procedures under the consultant's contract. Is it fair to assume that this is the only procedure currently available to hospital boards faced with similar circumstances? I look forward to the Minister's response.

Limerick East): I have been aware for some time of serious allegations against a staff member in Our Lady of Lourdes Hospital, Drogheda. The North-Eastern Health Board, which has statutory responsibility for child care, kept my Department informed about the allegations from an early date. It also maintained close contact with the hospital on this sensitive issue and offered expert assistance to them in dealing with the allegations which had been raised.

The health board's primary concern at all times was to ensure that no possible risk to the safety of children remained. Our Lady of Lourdes Hospital, Drogheda is not a health board hospital, however, and it was a matter for the hospital management and owners to deal with the issues which had arisen in respect of one of their employees. I understand that the health board was not happy with the investigative process being followed by the hospital nor did it feel that they were drawing on the full range of available outside expertise which was on offer.

The position now is that the person against whom the allegations were made has retired. The health board recognises that any possible risk relating to the circumstances around the original allegations has been dealt with by this retirement. However, the hospital is currently engaged in a comprehensive review of all its procedures regarding patient contact. The first phase of this review — dealing with the hospital's own procedures and examining best practice elsewhere — is almost complete and I expect it to be considered by the hospital board before the end of this month.

In addition to the hospital's investigation, I understand the Garda are pursuing inquiries into a number of further allegations and have yet to decide whether they warrant referral to the Director of Public Prosecutions. The North-Eastern Health Board has also referred all formal allegations received by them to the Medical Council. The procedures to be followed in cases of suspected child abuse are clearly laid down in the Child Abuse Guidelines circulated by my Department in 1989 and updated in April of this year.

These allegations are extremely grave. They touch at the heart of the privileged relationship of trust which exists between a doctor and his patient. I would not want there to be any doubt that I intend to pursue this matter rigorously and, once I have received the result of the hospital's own investigation and the North-Eastern Health Board's views on it, I will be insisting that the hospital take all necessary steps to ensure that this situation is dealt with satisfactorily and that no possibility exists of similar circumstances arising in the future.

I will confirm the points raised by Deputy O'Donnell. The Deputy mentioned a date on which the information was supplied in the first instance and I understand this is correct. As I stated, a complaint was made to the Garda Síochána which was followed up by a full Garda investigation which I understand is ongoing. The North-Eastern Health Board notified the Garda Síochána and the Medical Council of the complaints received and my official has informed me that the Department of Health was informed of the allegations in late June.

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