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Tribunals of Inquiry.

Dáil Éireann Debate, Tuesday - 22 June 2004

Tuesday, 22 June 2004

Ceisteanna (15)

Joan Burton

Ceist:

12 Ms Burton asked the Minister for Health and Children the progress made in finalising the terms of reference of the inquiry, to be chaired by Judge Maureen Harding Clark, into the activities of a person (details supplied); when the inquiry will begin; the form it will take; and the steps being taken to address the serious concerns about the adequacy of the proposed inquiry expressed by Patient First and others. [18364/04]

Amharc ar fhreagra

Freagraí scríofa

The Medical Council investigated the conduct of Dr. Michael Neary and found him guilty of professional misconduct in the case of ten patients. The Government then 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 examine the rate of peripartum hysterectomy at Our Lady of Lourdes Hospital, Drogheda. Particular reference will be made to the period covered in the report of the fitness to practise committee of the Medical Council about Dr. Michael Neary and the period since the publication of its report. It will determine how this rate compared with the rate in other maternity units of similar status. It will also 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 were held with Patient Focus, the patient support group, and the most recent occurred on 20 May. As part of the process the group was briefed by counsel to the inquiry on how it proposes to conduct its investigations. It was assured that any woman who wishes to give evidence will be facilitated. I am aware that the group has some concerns about the scope of the report to be furnished by the inquiry and on the compellability of witnesses. My Department has raised its concerns with the inquiry and I will revert to the group in due course.

If the inquiry finds itself unable to fully discharge its remit due to non-co-operation by relevant persons or bodies then the judge will report it to me. I will then ask the Government to consider what further action may be necessary. It 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. It was asked to report within nine months.

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