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Dáil
‹ Order of Business

Hospital discharge of stroke patient

Summary

Micheál Martin sought an investigation into the discharge of an 81-year-old stroke patient unable to swallow and at risk of starvation; the Taoiseach acknowledged the case and promised to advise him on relevant legislation.

I have a number of issues on forthcoming legislation to raise with the Taoiseach. The Taoiseach will agree it is very disturbing to read about how a hospital discharged an 81 year old woman who, following a stroke, is unable to swallow. She was deemed clinically unsuitable for PEG feeding and is, therefore, facing the possibility of starving to death. It seems incredible and there must be a proper investigation into how this was allowed to happen. The woman's GP has highlighted the case and is saying what has occurred is unethical. The case, which is a serious and potentially harrowing case, is being reviewed by the President of the High Court. Will the Taoiseach speak to the Minister, Deputy Varadkar, in the context of the Health (Miscellaneous Provisions) Bill that he mentioned earlier. Is there any prospect of dealing with this issue via any vehicle? It seems extraordinary that decisions of this kind are now being taken.

The Taoiseach will have read that AIB is offering a one year deposit rate of 1.4% to German savers, which is three times that which is on offer to Irish savers.

Many are asking why AIB is treating Irish customers in a far less effective way than German customers. Why are they being discriminated against? Have there been any discussions between the Government and AIB about this? Has the Central Bank any role?

The third issue concerns the Garda Síochána (Amendment) Act 2015, the Taoiseach's comments on which have been very interesting. He spoke about the importance of press freedom and he is reported in today's Irish Independent as rebuking the watchdog for spying on journalists. He was described as slapping down GSOC for snooping on the phone records of journalists. One could be forgiven for thinking he was commentating on somebody else's legislation but, in fact, this was the Government's legislation. The implication is that the Government is now disavowing the legislation. The Taoiseach has indicated that the Minister for Justice and Equality, Deputy Frances Fitzgerald is bringing in amending legislation in this regard. Was the Taoiseach slapping down GSOC for this? Are those reports correct? When can we expect the amended legislation to deal with this issue?

To be helpful, Deputy Niall Collins has drafted and published legislation, which should be on the Order Paper, which would require GSOC to apply to the High Court before it monitors any phones. This would have the desired impact of protecting press freedom while allowing GSOC to pursue its legitimate work. Will the Government give some of its own time to accept Deputy Collins's Bill? It would put flesh on the bones of the comments the Taoiseach was making this morning about GSOC.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I read the report in respect of the elderly lady the Deputy speaks of who has a particular set of challenges, and I note the intervention of the President of the High Court. There is a health Bill, which is published, which deals with the Medical Practitioners Act 2007, the Dentists Act 1985, the Health and Social Care Professionals Act 2005, the Pharmacy Act, and the Nurses and Midwives Act to provide for amendments required for the transposition of Directive 2013/55 EU in an appeal against minor sanctions. I am not sure whether that covers it or not but I will advise Deputy Martin on that.

In regard to the question that he mentioned about AIB, that is an online platform for a different situation. The bank has made a commercial decision to allow for higher interest rates of more than 1% on deposits which would, I suppose, be seen as an attractive introductory market for outside deposits. It is not part of the relationship between the Government and the bank here. It has made that commercial decision itself.

In respect of reports today about the question of the retention of data and the communications therein, I want to make it perfectly clear that I have absolute confidence in Ms Justice Ring, who is the chair of GSOC. It should be pointed out that there is no interpretation that GSOC has done anything incorrect. It has followed the law and has very high standards in this regard. There is oversight by another eminent member of the Judiciary. The Minister for Justice and Equality will make a statement or announcement on this, I think later this evening, in respect of the decision taken by Government to have a review of this legislation.

For the information of the House, there are five areas to which the Communications (Retention of Data) Act 2011 applies: the Garda Síochána, the Garda Síochána Ombudsman Commission, the Defence Forces for purposes of safeguarding the security of the State, the Revenue Commissioners in respect of serious specified revenue offences, and the Competition and Consumer Protection Commission in respect of serious specified competition offences. The Government reflected on the matter this morning and the Minister for Justice and Equality may well have issued a statement by now or otherwise will do so. I want to make it clear that the Government has absolute confidence in GSOC, the chair of GSOC and in the oversight judge.

I am not responsible for headline reports. This is a complicated matter and is not as simple as it might seem initially. The Government has made a decision to look at the legislation. Obviously, this is the House that determines legislation at the end of the day.

Comment on this