Dáil Éireann Debate, Wednesday - 26 May 2004
46 Mr. Quinn asked the Minister for Health and Children if the terms of reference of the inquiry, to be chaired by a person (details supplied) have yet been finalised; when the inquiry will begin; the form it will take; the steps that are being taken to address the serious concerns about the adequacy of the proposed inquiry raised by Patient Focus and others; and if he will make a statement on the matter. [15597/04]
View answer65 Mr. McGinley asked the Minister for Health and Children if he proposes to revise the terms of reference of the inquiry into practices carried out in Our Lady of Lourdes Hospital, Drogheda, to allow the co-operation of the women represented by Patient Focus; and if he will make a statement on the matter. [15427/04]
View answer170 Caoimhghín Ó Caoláin asked the Minister for Health and Children if he has brought recommendations to Cabinet regarding the terms of reference of the inquiry to be conducted by Judge Maureen Harding Clark; the outcome of the discussion; if terms of reference have been agreed; and if he will make a statement on the matter. [15855/04]
View answer171 Caoimhghín Ó Caoláin asked the Minister for Health and Children if he will report on his meeting with representatives of Patient Focus on 20 May 2004. [15856/04]
View answerI propose to take Questions Nos. 46, 65, 170 and 171 together.
Following the Medical Council's investigation into the conduct of Dr. Michael Neary, which found him guilty of professional misconduct with regard to ten patients, the Government has decided to establish a non-statutory inquiry chaired by Judge Maureen Harding Clark. A formal announcement of the terms of reference will be made shortly. In broad terms, it will inquire into whether Dr. Neary's practice was commented or acted upon by others at the hospital. It will examine whether internal or external reviews were conducted. It will also inquire into the measures put in place to prevent a repeat of those events at the hospital and offer advice on any additional systems that should be put in place.
A number of meetings have been held with Patient Focus, the patient support group, with the most recent being on 20 May 2004. As part of this process, the group has been briefed by counsel to the inquiry on how it proposes to conduct its investigations. In particular, the group has been assured that any woman who wishes to give evidence will be facilitated to do so. I am aware that the group has some concerns about the scope of the report to be furnished by the inquiry and about the compellability of witnesses. As regards the report, I have asked my Department to raise the group's concerns with the inquiry and I will revert to the group in due course.
With regard to compellabilty, if the inquiry finds itself unable fully to discharge its remit due to non-cooperation by relevant persons or bodies, then the judge will report that fact to me and I will ask the Government to consider what further action may be necessary, which may include recourse to an investigation under the Commissions of Investigation Bill 2003, when enacted. The inquiry team has already examined a substantial amount of documents and records which relate to the inquiry and it has been asked to report within a nine month timescale.
