Orlagh Aylward stillbirth case
Deputy Ward raises the case of Orlagh Aylward and asks for an apology and recognition from the HSE. The Taoiseach says the family’s experience was traumatic and offers to review the details, stressing the need for vigilance and transparency in maternal care.
Orlagh Aylward was stillborn in 2004. Her parents, Mildred and James Aylward, have tirelessly fought for recognition that her medical care in the lead-up to Orlagh's birth could have been different and if steps had been taken earlier, Orlagh would be here today to celebrate her 21st birthday. Mildred and James would like to move forward and to grieve their daughter. They received individual apologies from the staff in the Coombe, but they feel Orlagh's case should be recognised by the HSE and that the HSE should issue a sincere apology. I will send the Taoiseach notes on Orlagh's case. James and Mildred are asking the Taoiseach if he will follow up on this case with the HSE.
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I thank the Deputy for raising the case. It has been a traumatic experience for the family and that continues to the present day. Will the Deputy send me the details? Generally speaking, in terms of maternal and infant mortality there are issues we need to be constantly vigilant about. There have been a number of cases. I will not say they are ongoing but there is no question but that issues have arisen from time to time. We need to be open and transparent about that to make sure we can ensure better care into the future.
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A Cheann Comhairle, because of what happened in the Dáil yesterday I was deprived of raising a question. Once only have I been allowed to speak in this Chamber, having been elected to represent Laois. I have never seen anything like it. I ask the Ceann Comhairle to make it good for those of us who were to ask questions yesterday. I think it is totally unfair and she has to change it.
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I am the same as everybody else-----
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-----democratically elected and I lost my opportunity. The Ceann Comhairle should make good of it.
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Have a chat with your Whip. Fuck's sake.
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A Cheann Comhairle, just before we move to Government business, can I raise a point of order?
I attempted under Salient Ruling 51 to raise a point of order on numerous occasions yesterday, which allows me as a Member of the Dáil to raise it before a question is put. I would like it to be heard now. The concern I have is that as Members of this House, one of the most important functions we have is the passage of legislation. We have a crucial legislation that will take a step forward later on, namely, the Údarás na Gaeltachta (Amendment) Bill. It will allow for democratic elections across the State. I have serious concerns about whether the Order of Business was actually passed yesterday. I put it to the Ceann Comhairle that I am asking for a direction and determination, maybe on the basis of legal advice as well, because I have now reviewed the audio of what transpired yesterday. The Ceann Comhairle clearly put the question. The Chief Whip agreed the question. The Ceann Comhairle declared the question carried and there was a clear call for a vótáil. Under Standing Order 85(2), when a division is called, a division has to be carried out.
I question whether the Ceann Comhairle has failed to fulfil her independent and impartial duty to allow that division to take place, which is now clearly on the Oireachtas website. The word “vótáil” stands out. Therefore, what is the legal basis for legislation that may be passed in this House later today, never mind what happened yesterday?
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I thank the Deputy. I too have reviewed it and I will send him the official record that we have. Then we can then take it up, Deputy.
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Can I ask for clarification? Is the Ceann Comhairle looking at the Oireachtas transcript, which is an abridged version of what happened, or the audio, which is what would be relied on in any court of law-----
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-----as to whether the legislation that is being passed later will actually be valid or not?
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I will ask the Clerk to clarify that. I will get the Clerk's Sheet and the Official Report of the Dáil for the Deputy.
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The official record of the Dáil is an abridged version and does not contain - everyone can look on the Oireachtas-----
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Gabh mo leithscéal. There are two records in the Dáil, with respect Micheál Martin.
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I am asking a point of order. There are two records.
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He is allowed to make a point of order.
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I am looking for clarification. There are two records of the Dáil on oireachtas.ie. One is the script which does not contain a lot of what the Ceann Comhairle said. The second one is the video-----
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-----in which it is very clear that a vote was called which you refused to allow.
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This is a legal issue in terms of a piece of legislation that will pass. Will you seek legal advice as to whether the legislation will have standing or not, given that you did not allow the division which was clearly heard?
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The legislation has not been voted on, Ceann Comhairle.
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I will send Deputy Doherty the official record and I will review it post sitting today.