Olivia Mitchell
Question:278 Ms O. Mitchell asked the Minister for Health and Children if the vaccine trials that took place in orphanages during the 1960s are subject to the competences of the Laffoy commission. [23884/03]
Written Answers. - Child Abuse.
Having considered the report compiled by the chief medical officer of the Department of Health and Children entitled Report on Three Clinical Trials Involving Babies and Children in Institutional Settings 1960-1961, 1970 and 1973, the Government decided, in June 2001, to approve the Commission to Inquire into Child Abuse Act 2001 (Additional Functions) Order 2001 (S.I. No. 280 of 1981) which empowered the commission to inquire, through its investigation committee, into the circumstances, legality, conduct, ethical propriety and effects on the subjects of the three vaccine trials referred to in the chief medical officer's report and to conduct similar inquiries into any other trials that took place in an institution during the period 1 January 1940 to 31 December 1987.
For this purpose, the investigation committee was empowered to make determinations in regard to the above issues and to report to the commission which, in turn, was empowered to prepare and publish a report in writing specifying the determinations made by the investigation committee.
This statutory instrument was made following consultation with the Commission to Inquire into Child Abuse and with the approval of each House of the Oireachtas.
However, the Supreme Court, in a recent judgment, raised concerns about the vires of this statutory instrument and the matter is currently being considered.