Children's Health Ireland reports
Deputy O'Callaghan called for the long-delayed CHI Nayagam report and other documents to be published so families and a public inquiry can get the facts. The Tánaiste agreed children and parents must come first and said only legally restricted reports should remain unpublished.
Families and children have been let down appallingly by Children's Health Ireland, CHI. There has been scandal heaped on scandal, and report after report. Behind all of that are sick children and their families who have been failed by the healthcare system and the State. Children and families are still being failed because promises to act have been broken and long-promised reports remain unpublished.
The Nayagam report was commissioned in 2023, two and a half years ago. Families still have not seen it. This is a report into the medical treatment of their children. As campaigner and mother Claire Cahill said on "Morning Ireland", this report belongs to the families and their children, yet they remain in the dark. They only realised the Minister had the report after reading about it in a Sunday newspaper. Families feel like afterthoughts in the whole process. They are being strung along and fed excuses while the system closes ranks on them. Now they are told that the report cannot be published for legal reasons. There is no credible timeline for when those legal issues will be resolved or when a partial version of the report or, even, the recommendations it contains can be published. There have been 12 reports into CHI, just six of which have been published. Using legalities as a shield against transparency cannot continue, particularly when we are speaking about sick children and their healthcare. How can issues at CHI be resolved unless we are clear about everything that has gone on and about the reforms that urgently need to happen?
It is more than three months since the Government agreed to hold a statutory public inquiry into spinal care for children with scoliosis and spina bifida, but all we have is a headline. A mediator has not been appointed and work to draft the terms of reference has not even started. Families have again been left in the dark. The original commitment was that the terms of reference would be agreed within 16 weeks. With three weeks left, no mediator has been appointed and no meetings have taken place. There is now little hope that the deadline will be met. That is another broken promise.
Nine years ago the Tánaiste promised that no child with scoliosis would wait longer than four months for treatment. He is aware of how much hurt this broken promise has caused. I cannot understand why the Government continues to make promises to families which are not worth the paper they are written on. Families want honesty and transparency. Can the Tánaiste indicate when will phase 1 of the Nayagam report, or even part of it, be published? Does he accept that the Government will miss its own deadline to draft terms of reference for the statutory public inquiry?
Comment on this
I thank Deputy O'Callaghan for raising this very important issue. I will begin where he began by absolutely acknowledging that the priority in all of our discussions, and I know this is something we all share a view on, must be, is and must remain the children and their parents. Deputy O'Callaghan did not do so, but it is often easy to talk about reports and everything else in this House. We are talking about children and worried parents, and they should be our priority. I agree with Deputy O'Callaghan on that.
I heard the Deputy's party colleague Deputy Rice on the radio this morning. Deputy Rice does a very good job chairing the Oireachtas health committee. I assure him and Deputy O'Callaghan that the Government wants to see as much information as possible published, and certainly shared with parents. The Government wants as much information as is absolutely legally possible to be made available to a statutory inquiry. I genuinely and sincerely mean that. In fairness to my colleague the Minister for Health, I know this is her position. The Minister has been engaging with the Attorney General in respect of this matter.
I am very conscious and careful, even though we are in the Dáil, of the fact that phase 1 of the report relates to the clinical practice of an individual consultant. I am also very aware of processes that may be under way legally. I am also very aware of processes that may or may not get under way in future. We need to be very careful in relation to this. Phase 1 of the report is specifically a risk assessment of the practice of an individual consultant. I do not want to say anything, and nor does anyone else, that cuts across this. However, I can inform the House that the Minister absolutely wants to be in a position to share this information. There is no reason in the wide earthly world why she would not want that. This is an important step to try to fix a very serious issue and, ultimately, to try to rebuild trust and confidence in children's healthcare and CHI.
I want to make a point regarding the children. The words of Dr. Colin Henry, the top doctor in the HSE, the chief clinical officer, yesterday are important. These are his words and not mine. He stated that while "these are not clinically urgent, but nevertheless, in the interest of peace of mind and assuredness to families, this exercise needs to be carried out quickly in the coming weeks." The latter refers to follow-up appointments. We need to make sure that this happens in an expeditious manner and in a manner that puts children at the centre of the process.
Specifically in relation to the statutory inquiry, the Minister spoke to this matter at the Oireachtas committee yesterday. She wrote in December to communicate her intention to appoint someone. Although I do not have the letter, I believe she also identified the person she was hoping to appoint. There has been an exchange of correspondence and information in the interim. She certainly has identified the person. She wanted to find a person of substance and high calibre who will also be available to do the work. That person has been identified and I believe the appointment is imminent. The scoping exercise needs to take place as quickly as possible. I fully understand the urgency of it. I also understand from my engagement with parents that it is both urgent and a matter of getting it right. I really hope that in the coming very brief period we can see this move forward.
Comment on this
I thank the Tánaiste for his response. He is absolutely right that children who have suffered pain are at the heart of this matter. They have been badly let down, and that is what this is absolutely about. They and their families deserve as much information as possible. We have had 12 reports , but only six of these have been published to date. Does the Tánaiste acknowledge that this is not acceptable? Does he acknowledge that for the statutory public inquiry to work, as much information as possible needs to be available to it, including when the terms of reference are agreed in order for the families to engage with the process and not be left in the dark? Does he accept that it is two and a half years since the Nayagam report was commissioned and yet all the families know is what they read about in the Sunday newspapers? They have not had sight of the report, even though it is about their children. They have a right to have sight of it and to as much information as can possibly be made available. The Tánaiste knows that information can be published, even if some of it has to be redacted initially pending further legal advice. When is the Government going to make that information available? When will the terms of reference of the statutory public inquiry actually be agreed? Identifying a mediator is not enough.
Comment on this
I find myself in broad agreement, as, I think, does the House, with the Deputy. I do not think there is a huge difference of opinion here, but I take the point. The only reports that should not be published are those where there is a legal issue with publishing. I also take the Deputy's point about circumstances where there are legal issues and trying to identify if there are ways of overcoming them and putting some information in the public domain. I genuinely know that the Minister is working in good faith on that matter.
I want to make a point, and I wish to do so sensitively. I absolutely understand why people want to see the report. I am not dismissing that at all. Any parent has a right to all of the clinical information in relation to their own child. As part of the follow-up procedures with hospitals, all of the information relating to a child's medical history absolutely must be made available to their parents. It is normal for clinicians to engage with the parent of any child in this way.
In relation to the statutory public inquiry, the aim is to get into a process where a facilitator or mediator, and I have heard both titles used, would be appointed imminently to work with the families, the Government and everyone else to get the terms of reference correct. I expect the Minister to be in a position to make this appointment imminently.