Women damaged at Our Lady of Lourdes Hospital in Drogheda by the former obstetrician and gynaecologist, Dr Michael Neary, are frustrated that attempts to get the Minister for Health to broaden the terms of reference for an inquiry appear to have landed on deaf ears. Eithne Donnellan reports.
Mr Martin met the group which represents the women, Patient Focus, on April 5th. After they told him they would not co-operate with the inquiry unless its terms of reference were changed, the Minister agreed to go back to Cabinet to discuss what could be done.
It has emerged that the Neary inquiry was discussed at Cabinet on April 6th. At that meeting the appointment of Judge Maureen Harding Clark to chair the inquiry was confirmed, but it appears no decision was made to change its terms of reference.
A letter written by the judge to Patient Focus on April 21st said: "I am enclosing herewith a copy of the terms of reference which have been approved by the Cabinet." While they were not in fact enclosed, further remarks in the letter indicate they remained unchanged.
"The focus of this inquiry is how, during the 1990s, so many perinatal hysterectomies were performed in the maternity unit without this being picked up, commented upon, or investigated."
The terms of reference as they stood before the Cabinet meeting meant the inquiry would only examine events since 1986, even though Patient Focus alleged Dr Neary carried out unnecessary Caesarean hysterectomies from the late 1970s onwards.
Dr Neary was last year found guilty of professional misconduct in the unnecessary removal of 10 patients' wombs. More recently he was found guilty of professional misconduct in three more cases. He has been struck off the medical register.
The terms of reference for the inquiry as set out on April 5th left it without power to compel witnesses to attend.
Ms Sheila O'Connor, spokeswoman for Patient Focus, said the judge's letter combined with Mr Martin's written response to a Dáil question from the Fine Gael health spokeswoman, Ms Olivia Mitchell, last week confirmed her worst fears that the inquiry's terms of reference were not being changed. Mr Martin reiterated in his reply to Ms Mitchell that the inquiry would be non-statutory. The inquiry would hear evidence from any person "who is willing to testify". He did not mention compelling witnesses to attend.
Ms O'Connor says the inquiry will be worthless if it cannot compel witnesses to attend. Even Dr Neary would not have to attend. She said Mr Martin now appeared to be avoiding meeting Patient Focus.
A spokeswoman for the Minister said this was untrue. A meeting had been offered last Thursday, but it did not suit Patient Focus.