Hospital licensing body may be introduced

Taoiseach Bertie Ahern indicated that the Government might consider introducing a licensing authority for hospitals, following…

Taoiseach Bertie Ahern indicated that the Government might consider introducing a licensing authority for hospitals, following the publication of the report on hysterectomies in the Lourdes hospital in Drogheda.

Mr Ahern said there was no licensing authority for hospitals, either public or private. "That is an issue that arises. I understand it is not simple to do, but I accept it should be done. We never had such an authority. The procedure is voluntary, and always has been, but it is an issue that arises."

Meanwhile, Opposition parties united to call for the introduction of "whistleblowers" legislation.

Labour leader Pat Rabbitte recalled that when his party introduced the Whistleblowers Protection Bill, 1999, the Government had supported it.

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"If employees in those circumstances had statutory protection, surely this would have come to light earlier? It is almost beyond belief, leaving out the professional affinity between professional colleagues such as anaesthetists, who apparently never brought this to the attention of the institute. Other health personnel would have done so if there had been statutory protection."

Mr Rabbitte said that were it not for the bravery and courage of a single midwife, "Dr Neary could still be mutilating women today". With all of the medical bodies, all of the self-regulation and the supervision of the Department of Health and so on, people outside would find it difficult to understand that this could have happened, he said.

Fine Gael leader Enda Kenny said this kind of legislation provided protection for staff members in any organisation who brought attention to wrongdoing.

"The Taoiseach and the Government are aware that in many sectors of Irish society, telephone calls to journalists have led to discoveries. This has occurred in the financial services sector and a concerned citizen came to me with information regarding PPARS."

However, he added, in the case of Dr Michael Neary, no one came forward for 20 years.

"The Government should consider it to be both appropriate and a legislative priority to enact comprehensive whistleblowers legislation to protect concerned citizens with a legitimate concern which should be investigated."

Apologising to the women and their families, Mr Ahern said that after examining the Labour Bill, it had been decided that the best way to achieve its aims was to insert provisions for an investigative system for whistleblowers into sectoral legislation.

"When this issue was examined some years ago, only a few countries in the organised world had gone down this road. I understand that two countries which did so have subsequently reversed their decision."

The Government, he said, was in favour of this approach and had included the requisite provisions in a number of Bills. "Obviously, given this report's findings, the issue will arise again."

Mr Ahern said the proposed medical practitioners Bill, the proposed health information equality authority Bill and the consultants' contract negotiations were all relevant matters which must now take account of, and were affected by, the report's findings.

He said that three obstetricians from the College of Obstetrics had been appointed to examine the issue and concluded there was no difficulty. "That raises issues for the College of Obstetrics and the Medical Council."

Mr Kenny said it was entirely appropriate that, in his capacity as Taoiseach, Mr Ahern should apologise to the women who were so seriously hurt, emotionally and physically, arising from the incidents.

"I hope the Garda reinstitute its investigation. It is quite sinister for Judge Harding Clark to state that her premises was forcibly entered on three separate occasions during the course of this investigation."

Caoimhghín Ó Caoláin (Sinn Féin) said Dr Neary's victims had been vindicated. "These women were subject to a procedure that mutilated them so that they could not conceive again. Scores of women have been seriously hurt and are suffering as a result of their experience."

Michael O'Regan

Michael O'Regan

Michael O’Regan is a former parliamentary correspondent of The Irish Times