Scoliosis inquiry terms and timing
Deputies pressed for legislation to establish the promised statutory inquiry into scoliosis and spina bifida services, and for families and advocates to shape its terms of reference. The Taoiseach said Government had approved a memo, but a scoping exercise and appointment of an independent senior counsel would come first.
The case of nine-year-old Harvey Morrison Sherratt exposes profound and systemic failures. This child was left waiting years for essential spinal surgery, then removed from a waiting list without his parents' knowledge or consent.
His experience was by no means unique. The Taoiseach has now committed to a statutory public inquiry into scoliosis and spina bifida services. When will the legislation to establish this inquiry be brought before the Dáil? Can the Taoiseach also confirm that it is parents, families and advocacy groups that will shape the terms of reference for this inquiry? Can I also ask the Taoiseach to confirm that the whistleblower evidence that has come forward, which goes to the very heart of what happened in this service, will form a core part of the inquiry’s work? In the meantime, as this inquiry is being established, what immediate action is the Government taking to ensure that no other child is abandoned in the way that Harvey was?
Comment on this
First, I offer our deepest condolences to Harvey Morrison Sherratt's family. It is a very serious case. A memo to the Government recommending a statutory public model of inquiry into spina bifida and complex scoliosis services at CHI was approved by the Government, but considerable work will be required. There is a time-bound scoping exercise to happen first. A facilitator will be appointed to scope potential terms of reference in collaboration with all involved, including advocates, parents and others. It is proposed to appoint an independent person, a senior counsel, following that consultation, and it will also involve the Office of the Attorney General. Concluding terms of reference, the modality of an inquiry and the costs associated takes time, but we want it time-bound so it will be as efficient as it can be.
Comment on this
The Labour Party certainly welcomes the fact that the Minister for Health has brought a memo to the Cabinet to establish a statutory inquiry into care for children with scoliosis and spina bifida. Again, I express my deepest sympathies to Gillian and Stephen and the family of Harvey Morrison Sherratt, who so tragically died. All of us are concerned to ensure that the newly announced inquiry will be comprehensive and effective in getting to the root of the issues here. As my colleague, Deputy Sherlock, has said, a twin-track approach is needed, first to address the disgraceful failures in respect of children like Harvey, and, second to get a handle on what is continuing to happen for children in the system today. I know all of us hear from families who have been told their child requires surgery, yet are given no date, no confirmation of treatment and no offer of treatment abroad. We also need to hear whether further protected disclosures are being made and what is to happen to children on waiting lists now.
Comment on this
I think I have answered the issue in terms of the inquiry. With inquiries, the terms of reference are very important because there needs to be some timeline to it, for the sake of all concerned. That is an issue to be worked out. About 446 spinal procedures were completed so far this year to the end of October. That is up on last year, but there is rising demand and, over the same timeframe, a total of 462 procedures were added to the waiting list. At the end of October 2025, about 68% of patients on the active list were waiting less than six months, an improvement from this time last year, when about 56% of patients were waiting less than six months. There are improvements happening, notwithstanding the very serious issues that we have to deal with. Some 6% were waiting over 12 months, which is a significant improvement against this time last year, but, of course, that is too high.