Vol. 519 No. 6
18 Mr. Shatter asked the Minister for Health and Children if the inquiry into organ removal, retention, storage and disposal has yet commenced; if arrangements for the inquiry and the terms of reference of the inquiry are agreed with the Parents for Justice group; and if the outstanding issues of concern to the group have been resolved. [14421/00]
Not long after coming into office, I announced my intention to hold an inquiry into post-mortem examination, policy, practice and procedure in the State since 1970. The inquiry will be conducted in two phases and I have confirmed that I have appointed Ms Anne Dunne, Senior Counsel, to head up the first phase.
The terms of reference stipulate that the inquiry will make its final report, including its findings to the Minister for Health and Children, within six months unless otherwise determined by the Minister. It will make recommendations to the Minister on any changes it considers necessary on foot of its findings. On receipt of this report I will then table a motion that the report be presented to the Oireachtas Joint Committee on Health and Children. The committee, on considering the report, will come to its own conclusions having regard to the terms of reference of the inquiry, holding a public hearing and calling witnesses as appropriate.
While the terms of reference for the inquiry were drawn up after consultation with a number of parties, including Parents for Justice, the arrangements for the inquiry are a matter solely for Ms Dunne. I understand she is currently putting in place the resources, including support staff, which she deems necessary to conduct the inquiry, and expects it to commence in the very near future.
Parents for Justice have expressed concerns relating to three issues. The first refers to the scope of the inquiry with particular reference to circumstances surrounding post-mortems which relate or should relate to the coroner. I have clarified that the terms of reference refers to all post-mortem examinations carried out in the State since 1970 and, as such, this will encompass those post-mortem examinations carried out in the circumstances of concern to Parents for Justice.
The second concern relates to the fact that the terms of reference do not specifically require the inquiry to publicly name persons who the inquiry might regard as culpable in any way for any wrong doing which may have occurred. The legal advice available to me is that the terms of reference should not contain a specific reference in this regard and in any event such a reference would not be in accordance with the principles of natural justice. However, the absence of such a term of reference does not preclude the inquiry specifying in its report whatever detail it deems necessary. The terms of reference were amended following consultations with Parents for Justice by the inclusion of the word "findings" in the fifth paragraph to ensure that the inquiry would provide a comprehensive report which would not merely confine itself to conclusions, opinions or recommendations. In addition, I recently arranged for the legal representatives of Parents for Justice to meet the Attorney General and this issue is currently subject to discussion between these parties.
The third concern of Parents for Justice relates to the absence of a guarantee that in the event that the health agencies or health personnel concerned fail to co-operate with the inquiry, a statutory inquiry would be established. As Minister for Health and Children I expect that all hospitals and their personnel will fully co-operate with this inquiry and my Department has received confirmation in this regard. I would consider it most inappropriate if such co-operation is not forthcoming.
Additional information.I also emphasise that the second stage of the inquiry, the referral of the report to the Oireachtas Joint Committee on Health and Children for consideration, has a statutory basis and the committee has powers of compellability and discoverability and may hold a public hearing and call witnesses as it deems appropriate. The Deputy will appreciate that I want the inquiry to be carried out in an non-adversarial fashion and I want to ensure that it establishes the facts to the satisfaction of all concerned while at the same time preserving the independence and integrity of the inquiry. I hope the inquiry will also help to relieve the hurt and distress which has been caused to thousands of parents and relatives and that the outcome will ensure that no such hurt will ever occur again.
Is the Minister telling the House that Parents for Justice is not happy with the terms of reference? Will he confirm if the group still requires confirmation that if the inquiry to be conducted by Ms Anne Dunne determines that people behaved wrongly or inappropriately, they be named? Will he also confirm that at present this issue is not resolved and that the inquiry has not yet commenced?
The issue is not yet resolved but, following a large meeting of members of Parents for Justice which I attended, they and I agreed that their legal advisers would meet the Attorney General to tease out the issue. I am convinced, and I have made it clear, that the terms of reference will facilitate the chairperson in arriving at findings and, if she so decides, in naming people. That is the prerogative of the chair. Since then there has been consultation between the legal advisers of Parents for Justice and the Attorney General and we expect the matter to be concluded within the next week or two. I do not wish to go any further than that at this stage because the consultations are ongoing. In the meantime, the chairperson is preparing the groundwork and the arrangements that are necessary for the establishment of any inquiry of this type.
Will the Minister confirm that if Parents for Justice is concerned about this issue a simple further amendment to the terms of reference would resolve the matter and would not require ongoing discussions with the Minister, his Department or the Office of the Attorney General? Will he inform the House of the resources being made available to the person who has been appointed to conduct the inquiry to ensure that the work that is required can be speedily undertaken? How many persons are to be employed or seconded to the inquiry as part of the team around the person who is to conduct it? Will any of them have been previously attached to a health board or hospital or the Department? When will the inquiry commence?
The arrangements are a matter for the chairperson and any resources the chairperson requires will be provided. The inquiry will be independent of the Department and the health boards. In that context, the chairperson and any assistant junior counsel required must have no connections with hospitals or health board agencies. If the chairperson requires further legal expertise on these issues the resources will be made available.
Will the Minister confirm that all we have at present are the terms of reference about which there is still disagreement? The chairperson appointed has no staff appointed to her and has no premises from which to conduct the inquiry. No date has been fixed for when the inquiry will commence. What does the Minister propose to do to get the inquiry finally under way?
I have been at pains not to pursue a unilateral course on this issue, to seek consensus from all parties involved and to ensure that once the inquiry starts everybody is on board and co-operating with it. When we announced the terms of reference arising out of a Cabinet meeting, they were wholeheartedly welcomed by Parents for Justice on the national airwaves. Subject to that difficulties arose and I again met the groups concerned to try to resolve them.
