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Dáil Éireann debate -
Wednesday, 6 Nov 1996

Vol. 471 No. 2

Written Answers. - Madonna House Report.

Desmond J. O'Malley

Question:

44 Mr. O'Malley asked the Minister for Health whether he intends to publish the Madonna House report; and if he will make a statement on the matter. [20469/96]

In accordance with the commitment given to Dáil Éireann that as much as possible of the report be put into the public domain, an abridged report of the inquiry into the operation and management of Madonna House was published in May 1996. As was stated at the time, the abridged report contained as much of the report prepared by the inquiry team as was legally possible to publish.

The legal opinion received indicated that substantial parts of the report could not be published without running a serious risk of committing grave contempt and defamation. A number of civil actions had been initiated against the Sisters of Charity and the Eastern Health Board by or on behalf of former residents of the home. Those actions claimed damages against the defendants for assault, negligence and breach of duty. The advice indicated that it would be improper and unlawful to publish any material which prejudged issues arising for determination by the courts in the pending proceedings.
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