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Dáil
‹ Leaders' Questions

Brian Stack murder and Portlaoise maternity services

Summary

Deputy Micheál Martin first challenges the Taoiseach on revelations about the Brian Stack murder investigation. Deputy Gerry Adams then intervenes to dispute the claims and raises the Portlaoise maternity services report, pressing for full implementation of HIQA recommendations and publication of the future services report. The Taoiseach defends the State’s handling of both matters and calls for a statement on the murder issue.

In March 1983 the chief prison officer at Portlaoise Prison, Mr. Brian Stack, was shot in the back of the neck. He was the only prison officer in the Republic of Ireland to be murdered during the Troubles by the Provisional IRA. He died in September 1984 as a result of his injuries. It has been revealed that the leader of Sinn Féin, Deputy Gerry Adams, wrote to the Garda Commissioner last February naming four people he said he understood to be suspects in the murder of Mr. Stack. What is extraordinary, of course, is that he claims the sons of Mr. Stack, Austin and Oliver, gave him the names back in 2013. The Stack brothers resolutely deny this. They never gave names to him. If he had the names in 2013, why did he not give them to the Garda Commissioner then? Why did he wait two and a half years to provide the information for the Commissioner if he was anxious to co-operate in a live murder inquiry?

The other key point I ask the Taoiseach to consider is that what happened in 2013 was, in itself, extraordinary. The leader of a parliamentary party in the House took two young men in a van with blacked out windows to an undisclosed location somewhere near the Border to meet an IRA man who told them: "We have carried out an investigation. It was a senior IRA person who authorised the murder of your dad. We have disciplined him." It was not stated how he had been disciplined. The IRA stated it regretted what had happened, apologised and that that should be the end of the matter. Did Deputy Gerry Adams send the name of the person he had met with Mr. Stack's sons to the Garda? Has the name of that individual who clearly has a lot of knowledge about the murder of Mr. Stack been sent to the Garda? Deputy Gerry Adams says he took notes of the meeting and that the individual was a friend of his who knew what had happened. Have the notes of the meeting with the individual in question who, 30 years after the murder, eventually acknowledged the IRA's authorisation of the murder of Mr. Stack been sent to the Garda Commissioner?

It is an extraordinary situation that the leader of a parliamentary party would take two individuals in a blacked out van to an undisclosed location to reveal how somebody was murdered or that somebody murdered somebody, and that the matter should rest there. This is a live murder inquiry.

Does the Taoiseach think that is acceptable? Is he satisfied that full co-operation has been given to the Garda in regard to all the information and names Deputy Adams has in order to bring the murder investigation to a proper conclusion? It is absolutely unacceptable in any normal parliamentary democracy that activity of this sort should continue as late as between 2013 and 2016.

Comment on this
Enda Kenny The Taoiseach Fine Gael

I do not accept that this is in any way acceptable. Nobody can doubt that Brian Stack served this State with honour in his role as a prison officer. The work he and his colleagues did in protecting this State was vital during that very troubled period. His cold-blooded murder at the hands of Provisional IRA thugs was a cowardly, brutal and totally unjustifiable act of pointless violence. It should be properly condemned by everybody.

If Deputy Martin or I were in a situation where an allegation like this was made, where names were given to serving public representatives of those who were allegedly involved in a murder, it would not be acceptable that we could accept something happened and was forgotten about. Kangaroo courts are not, and never can be, a replacement for the laws of the land.

I cannot answer the Deputy's question as to whether the person who apparently is known and is living outside of the country and carried out the murder was ever spoken to or disciplined, or whether the name of the person understood to have carried out the murder was given to the Garda. It is up to Deputy Adams, who is the president and leader of his party, to deal with this.

It is utterly unacceptable that a man was shot through the back of the neck outside a boxing club and died quite some time afterwards. All these years later, we now hear the names of the persons allegedly involved being supplied. I cannot comment on the operational matters involved. This is a live murder investigation under the direction of the Garda Commissioner.

Obviously, the Garda is conducting its investigation. I do not know whether the persons mentioned in the supply of names given to Deputy Adams have been spoken to by the Garda, although I have to accept that the Garda will do its utmost to bring about the truth.

A man was murdered in cold blood. His alleged murderer is still at large. Being disciplined or not by the Provisional IRA is no substitute for the laws of this State. In answer to Deputy Martin's question, it is utterly unacceptable and those who have information should come forward and tell the truth.

Comment on this

I thank the Taoiseach for his reply. I want to refer him to comments made by Austin Stack recently. He said:

Gerry Adams brought us in a blacked out van to see an IRA leader who he said he trusted and was a friend. Adams told us and reaffirmed this in the media last week that he asked this IRA leader to carry out an investigation.

An investigation was carried out internally. Mr. Stack went on to say that "this man told us that he knew who murdered my father, that the perpetrators were still alive and that one of them had been disciplined ".

He continued, "Gerry Adams knows this man and unless he has given his name to the Gardaí then he is withholding information." Clearly, as Mr. Stack stated, this IRA leader reported back to Deputy Gerry Adams on the investigation.

It is, by any measure, extraordinary stuff when one stands back and reflects on it. Imagine any one of us going off and saying we know who murdered someone, we had it checked out, that is, we had someone investigate it and that person had come back to us, but that we did not tell anyone about it for two and a half years. Allegedly, Deputy Gerry Adams had the four names which he says he was given in 2013, but he did not tell anyone until February this year because the issue was raised in the general election. This is a murder. It is not about an election campaign or boxing clever in the middle of it. The Taoiseach said it: a man is at large. The Provos know who did it, but they are not being held accountable in this House and their parliamentary representatives are not being held accountable in it, yet they expect everyone else to be held accountable on every other issue concerning injustices perpetrated on many citizens on this island.

Comment on this
Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

The Deputy has exceeded his time.

Comment on this

They are living in a parallel universe, in which rules apply to one group but not to anyone else. I put it to the Taoiseach that it is unacceptable.

Comment on this
Enda Kenny The Taoiseach Fine Gael

This is not fiction. A man was murdered in cold blood; his killer is at large and people know who the murderer is. It is beyond comprehension that a Member of the House can drive someone in a van with blacked out windows to meet another person to talk about who had shot his father, that the names are given to the Garda Commissioner and that the son of the murdered man says he did not supply the names. Deputy Gerry Adams knows more about this than I do. While the investigation into a murder is ongoing, perhaps he might use privilege to make a statement in the House to clear it up for everyone. I intend to meet Mr. Austin Stack who met the Minister for Foreign Affairs and Trade last weekend with his family. This is a serious matter that deserves to be cleared up for once and for all. A murderer is at large and people know who he is.

Comment on this

This is not the first time the leader of Fianna Fáil has used, in an opportunistic, a cynical and contemptible way, my efforts in good faith to assist the family of Mr. Brian Stack. I have dealt with the substance of the issue and if the Taoiseach wants to make space for me to do so, as he has indicated, I am prepared to make a statement here again. However, let me be clear that I have never accused anyone of being a suspect in the murder of Mr. Stack because I do not know who the suspects might be.

For now, during Leaders' Questions, I wish to raise with the Taoiseach the report on the future of services at the Midland Regional Hospital, Portlaoise, which was to be published in September 2015 but which has not been. I am advised that it is back with the Department of Health. However, yesterday HIQA released its progress report on the implementation of recommendations it had made following its investigation in 2014. That report which was published last year followed the shocking experiences of mothers who had lost babies in the hospital and been failed by the health service under the Taoiseach's watch and that of Fianna Fáil. A key finding of the report published last year was that the health service did not act in the interests of patients following the recommendations made in previous reports. There were recommendations which were not acted on last year and the review published yesterday makes exactly the same point. The recommendations have yet to be acted on. It does note that some improvements have been made, but HIQA's director of regulation has stated significant risks remain. The review states, "[The] lack of an overall strategy for the direction of the hospital ... [raises] significant concerns in terms of the sustainability of [the] current service arrangements". It also states the HSE has no plan for the future of the hospital.

While it is good and welcome that maternity services are being provided in a safer way, major issues remain. I am sure the Taoiseach will appreciate that this is of major concern to women who rely on the hospital's maternity services. Clearly, they feel less comfortable or safe in giving birth in the hospital because there has been a reduction in the number of births at the hospital. The report states there has been little change in the infrastructure of the maternity ward and that the outpatients department remains in need of refurbishment. The major issue is staffing levels and the report states the failure to recruit and retain doctors remains a risk to patient safety. The hospital also has major problems in recruiting and retaining midwives, which is a serious problem across the entire health service.

Comment on this
Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

Go raibh maith agat, a Theachta.

Comment on this

Béidh mé críochnaithe anois, a Leas-Cheann Comhairle. Tá a fhios agat gur chuir ceannaire Fhianna Fáil ceist fúmsa.

Comment on this
Pat the Cope Gallagher An Leas-Cheann Comhairle Fianna Fáil

Caithfidh mise cloí le na rialacha.

Comment on this

Tá a fhios agam é sin. Déanfaidh mé é sin anois.

Having read the report, the core issue is that recommendations which had not been acted on one year ago have still not been acted on. Will the Taoiseach give a commitment that the ongoing issues in the maternity services at Portlaoise hospital will be addressed without delay? Does he agree that full implementation of all the recommendations made in the original HIQA investigation should be prioritised?

Comment on this
Enda Kenny The Taoiseach Fine Gael

The first thing we should acknowledge is that the reason we have travelled so far in Portlaoise hospital is the courage of a number of women who were courageous enough to come forward with their personal stories about the traumatic effects of losing a baby. That is the reason the advances and improvements have been made in the first place.

The Minister for Health and the Department are committed to securing and developing the role of Portlaoise hospital within the Dublin midlands hospital group. This is an issue of great concern for everybody. The extent of progress made in patient safety measures in maternity services in Portlaoise hospital demonstrates the commitment of the staff and leadership team at the hospital, as well as of the team at hospital group level. This morning I listened to the chairperson of the group speak about the commitment and work rate of the staff in Portlaoise hospital. The services at the hospital are reporting monthly maternity patient safety statements and participating in national data collections, including the Irish maternity indicator system. This has led to confirmation by HIQA that the hospital's services are performing in line with nationally reported rates.

Since 2012 there has been an 18% increase in staffing levels across maternity, paediatric medicine and emergency services in Portlaoise hospital. Funding increased by 15% between 2012 and 2016 and significant patient safety improvements are evident regarding complaints management, incident reporting and implementation of key national clinical effectiveness committee patient safety guidelines. The reported data from Portlaoise hospital indicate that the maternity services are performing in line with nationally reported rates.

There are now six funded obstetrics and gynaecological posts, four of which are joint appointments with the Coombe Women and Infants University Hospital. Twenty additional midwives were approved for the group in accordance with the recommendations of Birthrate Plus and are in place. Portlaoise hospital is funded to employ 70 midwives and an additional 16 basic midwifery posts and two additional midwifery management posts have been put in place since 2014. A clinical network for obstetrics has been established for the group led by the Coombe hospital and includes Portlaoise hospital. A clinical lead for the integration of obstetrics services was appointed in 2015. The memorandum of understanding between the Coombe and Portlaoise hospitals is in operation in five phases.

The Minister for Health welcomed the report yesterday by HIQA which reviewed progress at the Midland Regional Hospital in implementing the recommendations made by HIQA in 2015.

The point made this morning by the chairperson was that this is an important entity and that it is important we get this right and do not make knee-jerk decisions that would not be in the long-term interests of the patients, mothers-to-be or the staff. A serious improvement has been made, with more to follow.

Comment on this

I do not know how the Minister can welcome the report given it states that the health services failed to act on recommendations. I, too, commend the mothers and the families who have raised these issues about our maternity services. Perhaps the Taoiseach will clarify if the report on the future of services was to be published in September 2015 because it has not been published. I am advised that report is now with the Department of Health and as such it is back in the Government's court. Will the Taoiseach clarify for the Dáil if that report is with the Government and when it is proposed to publish it. Portlaoise hospital is a symptom of the problem of an underfunded and understaffed system which is failing despite all the efforts of committed and hard-working staff. In Limerick hospital, there is a shortage of 24 midwives; in Cork, 54 are needed and in the Rotunda Hospital, Dublin, there is a shortage of 118 midwives. These are the number of staff required to bring staffing levels up to basic international safety standards. We expect women to put themselves into this position. Will the Taoiseach clarify the status of the report on the future of services and to the development of a specific plan - I am not in this regard asking for a knee-jerk reaction because this plan has been two years in the making - to ensure that staffing levels across maternity services are brought up to basic standard?

Comment on this
Enda Kenny The Taoiseach Fine Gael

The HIQA report has identified a number of immediate issues that need to be addressed. The Minister for Health has asked the HSE to address those issues as a priority and to ensure that the hospital is properly supported in its role by the other hospitals in the hospital group to provide a proper service, as one would expect for the patients in the midlands. It is important that in any changes at Portlaoise hospital patient safety and good quality outcomes come first. Reports on Portlaoise hospital over the years have pointed to the need for reconfiguration of some services to ensure that patients are treated in the best setting and by specialist staff that can safely meet their needs. The group has been working for some time on a draft plan for a new model of clinical service delivery at Portlaoise hospital, which takes account of the need of the hospital to develop services at Portlaoise in the context of developing the service provision model for the entire hospital group. The HSE has submitted the draft plan to the Department of Health and it will now be reviewed in detail by the Department. Any changes to services at Portlaoise hospital, once approved, will be undertaken in a planned and orderly manner and will take into account existing patient flows and demands in other hospitals and the need to develop particular services at Portlaoise hospital in the context of the Dublin midlands hospital group. That work is now received and is being examined in detail by the Department.

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