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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Adjournment Debate. - Proposed Tests on Mental Patients.

I call on the Minister for Health and Children to set up an urgent inquiry into the circumstances where a letter was sent to 100 parents and guardians of 100 residents of St. Ita's Hospital, Portrane, asking for permission to carry out medical experimentation on those 100 residents. Parents receiving this letter were very frightened by its contents and appalled at the lack of information in it. The wording of the letter implied that the study was a fait accompli and that the parents' permission should be returned as soon as possible. The first sentence of the letter states: “We are conducting a study on bone metabolism.” It does not say “we intend” or “we might”; it says “we are”. The letter was written on Eastern Health Board notepaper with St. Ita's Hospital's address on it. It referred to 50 of the residents receiving medication with vitamin D given by injection and calcium given orally. It also indicated that blood testing would be done initially and again at three, six and nine monthly intervals. No indication was given who would be involved in the study other than the doctor who signed the letter. No indication was given that neither the hospital ethics committee nor St. Ita's Hospital Management Committee had not considered the proposal. Having read the letter, if I was a parent of a mentally handicapped person who themselves could not give any informed consent, I would have been very angry at the lack of information, the suddenness with which the letter arrived without any prior consultation and the peremptory way the last sentence in the letter was worded. It states “please return permission as soon as possible.” My reading of that sentence is that there is no indication to a vulnerable parent that they have a choice in the matter.

I recognise that medical testing is a valuable tool in improving people's conditions and medical knowledge. I understand that the particular doctor who sent this letter has given great care to the residents in St. Ita's. However, the hurt and trauma caused by this letter is enormous and the Minister for Health and Children has the overall responsibility for running our hospitals and must take responsibility for this letter.

The Eastern Health Board has issued statements regretting any anxiety which has been caused to clients with learning disabilities in St. Ita's Hospital but the board also tried to disown the trauma caused by implying that the Irish Council for People with Disabilities misrepresented or misunderstood the nature of the letter. This is a very unfair interpretation of the statement by the Irish Council for People with Disabilities and I ask the Eastern Health Board to apologise to the council for implying that it was their fault people have been upset by this letter. The health board has issued a statement indicating that these tests will not go ahead and I know this decision is welcomed by the council.

It is not clear whether this is the first time a group of mentally handicapped people was to be used for medical research. I want to know if this kind of testing has been carried out in the past. What are the legal parameters about medical testing of human beings? Is the Minister aware that many of the mentally handicapped people in St. Ita's Hospital do not have parents or guardians? Who was going to speak on their behalf and give permission? One parent has indicated that it would have taken three people to hold down her son to have an injection administered. Another parent has indicated that it would take eight people to hold down their mentally handicapped child. What would have happened if a parent had given consent to have these tests carried out and the person on whom the tests were being carried out resisted very strongly? How far would those carrying out this research have gone to administer medication?

The Irish Council of People with Disabilities has requested the Minister for Health and Children to ascertain through a full investigation a number of matters. Who initiated this study? Who authorised it? What is its real purpose? Are any other medical experiments proposed, contemplated or recently undertaken in respect of citizens with disabilities in the Eastern Health Board's care?

I call on the Minister to have this investigation carried out as quickly as possible so that a similar situation will never arise again. I ask him to take whatever action is necessary arising out of the investigation to clarify to the parents of these residents exactly what went wrong here.

I urge the Government to make resources available to upgrade the facilities in St. Ita's Hospital. The care given to the residents in St. Ita's is exemplary, as is the staff, but the building is old and requires much renovation and improvement. I call on the Government, which can find money so easily for so many high profile projects, to increase the allocation to the Eastern Health Board so that money can be spent upgrading facilities in St. Ita's Hospital. A Minister of State has visited the hospital and I hope that this is not just a public relations exercise because there is a by-election in Dublin North. The needs of the people living in St. Ita's and the staff are many and varied. Those needs must be met by using some of the benefits of the Celtic tiger to assist the more vulnerable in our society, such as those who are living residing in St. Ita's Hospital, many on a permanent basis.

I thank Deputy Owen for raising this matter. When this issue first came into the public domain the Minister, Deputy Cowen, immediately asked the Eastern Health Board to furnish a report on the matter. That report is now to hand and I welcome the opportunity presented by this motion to outline the background to the letter issued to parents of people with a mental handicap in St. Ita's Hospital. What was proposed in that letter was a study using vitamin D and calcium supplements, which are available on supermarket shelves, to improve the treatment of people with a mental handicap at the hospital. Clients in St. Ita's include some in the more severe category of mental handicap and many have complicating conditions, such as epilepsy or brittle bones. There is an increased risk of people with brittle bones suffering fractures during epileptic fits. This proposal was to improve the treatment of their brittle bone condition for this group of clients to reduce the risk of fracture.

It is recognised that those involved in the study must have the full protection of the law. The statutory procedures which govern studies such as these are set out in the Control of Clinical Trials Acts, 1987 and 1990. The Acts set out the procedures to be followed in seeking approval for such trials and the granting of permission by proposed participants, including those circumstances where a person who may be incapable of comprehending the nature, significance or scope of a consent for this purpose. These procedures were being followed by the general practitioner in question in St Ita's. Medical research of this type is an essential part of the health services.

The proposed study was, as I have already stated, in the area of brittle bone disease. The study would have involved giving two substances which are available to the general public. It would have involved calcium tablets given orally and two injections of vitamin D over a 12 month period. Blood samples would have been taken at selected intervals, but most of these samples would not have involved additional tests and would have been collected during normal routine blood testing for other medical reasons.

In addition to family consent, three other requirements would have to be fulfilled before the proposed study could have commenced: approval from the hospital's ethics committee; approval from the hospital's management committee and clients whose families had given consent would in addition have to be screened for medical suitability for the study.

In writing to the families, the general practitioner was endeavouring to establish if the families were willing to participate before the authorities at St. Ita's Hospital would formally consider the proposal. There was never a question of clients who have no families being involved.

I am aware that the Council for People with Disabilities has concerns about this matter. I accept and share their concerns in ensuring that the interests of this particularly vulnerable group of people are fully protected. I would like to reiterate that, in this instance, the correct procedures were being followed and the motivation for undertaking the study was to further the best interests of the clients. Perhaps if more information had been given initially to the parents, the misunderstanding about the study may not have arisen.

In view of the anxiety expressed by families because of the misunderstanding about the nature of the study, the medical practitioner concerned has withdrawn her request for consent from families and has informed the hospital authorities that she will not be requesting the hospital management committee or the hospital ethics committee to consider her proposal for such a study. She has also written to the families explaining in more detail what would have been involved in the study and cancelling the information meeting for parents which had been arranged for next week. I regret that this incident took place and the anxiety to which it gave rise. I am satisfied that the matter has been clarified and the study will not now be proceeding.

The letter said vitamin D but the Minister of State said vitamin B, which was it?

It was vitamin B. Vitamin D may be given orally.

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