Vol. 522 No. 3
8 Mr. Shatter asked the Minister for Health and Children if he has received a health board report into allegations that male staff members had sexual relations with female psychiatric patients in Limerick Regional Hospital; the conclusions of the report; and the action proposed as a consequence. [18414/00]
I have been formally notified by the assistant chief executive officer of the Mid-Western Health Board that the full report of an inquiry into alleged professional misconduct by staff within the board's mental health services has been received by him. I understand that the contents of the report are being fully considered by the health board in consultation with its legal advisers. For legal reasons, I do not propose to make any further comment on the matter at this time.
Has the Minister requested a copy of the report and, if not, why not? If the health board is withholding the report from him what action does he propose to take?
The Department has been kept informed by the Mid-Western Health Board on the ongoing investigation. Clearly the issues are serious and it would be wrong of me to make any further comment at this stage because there are legal implications, as is evident from the question tabled.
When was the report finalised and when was the final version received by the health board? For how long has it been considered by the health board? Has it been passed to the Director of Public Prosecutions and, if not, why not?
In a letter dated 3 May 2000 and received in my Department on 5 May 2000 the assistant chief executive officer of the health board formally notified the Minister that he had received the full report of the inquiry and that the contents of the report were being fully considered in consultation with the board's legal advisers. The board has been given legal advice not to make any further comment on the matter.
Will the Minister acknowledge that, in the context of such serious allegations, it is not satisfactory that nearly eight weeks after the board has received the report it has apparently done nothing with it? It has not referred the report to the Director of Public Prosecutions, nor has it furnished the Minister with the final report. Will the Minister indicate whether he expects to receive the final report, whether the health board will publish it or whether the report on these serious allegations will be laid before this House or furnished to the Oireachtas Joint Committee on Health and Children, as occurred with certain other very serious investigations involving allegations of sexual abuse in the past?
Given the law and the procedures that could yet ensue, I could have a role in determining whether certain action should take place. I could have a role in ordering an inquiry and so on. It would be inappropriate for me to see the report in advance. The issues are very serious and we must ensure due process takes place.
Why has the health board sat on it for eight weeks?
The Deputy is assuming people sat on it. It is outrageous for him to assume that. There are people involved in this. I am surmising, in terms of what naturally follows from the very serious allegations made, that we must allow for due process. The Deputy should refrain from trying to make political capital out of this issue. I accept the Deputy's right to pursue the issue.
This is the national Parliament.
I know it is, but this could potentially be decided in other arenas as well. I do not want to jeopardise what may flow from this.
We are entitled to ask questions about psychiatric patients alleging sexual abuse.
We must observe due care as regards how we proceed with this. The officer in question and the health board are fully aware of their responsibilities and legal obligations in terms of how they must proceed with this issue. They are being legally advised and are quite correct to defer to the advice they are receiving and ensure they act properly and in accordance with the law and procedures laid down under various Acts.
Is the Minister satisfied the legal issues the health board is considering relate to the welfare of patients rather than providing protection for the health board against any possible legal action that might be taken against it by patients alleging they are the victims of abuse in a hospital for which the health board is responsible?
When I receive the report from the health board we can make determinations in terms of the health board's motivation, but it is wrong for the Deputy to assume in advance the actual motivation—
I am not assuming anything.
The Deputy is assuming, just as he assumed all along.
Has the Minister asked the health board why—
It is wrong of him to assume that particular public servants would have a vested interest in hiding the truth or in not wanting to protect patients which is basically the implication of what the Deputy said.
I did not say that.
Such an implication is wrong.
I asked which issue is being primarily considered.
The primary issue is the care and protection of the patients.
Has the health board confirmed that?
Of course it has.
That concludes Priority Questions for today. We now proceed to Question No. 9 in ordinary time. I remind Members of the strict time limits, particularly on supplementary questions and answers of one minute each.
