Independence of Galway inquiry
Senator Mullen calls for the Health Minister to address the inquiry, stressing that HSE involvement could undermine perceived independence and proposing a retired judge as chair. Much of the exchange concerns the Chair’s rulings preventing discussion of an individual and whether Mullen could raise related written material; Mullen ultimately repeats his request for an independent inquiry.
It is imperative that we hear from the Minister for Health on the inquiry into the death of the late Savita Halappanavar. I have been extremely careful in my utterances in recent days but there are two core principles that we need to discuss with the Minister. The first is the need for independence. Whether the inquiry is public or sworn, the HSE will be seen to have a horse in the race and no HSE employees should be conducting this inquiry. They should be witnesses to it. Perceived independence is vital and that is why the three Galway consultants stood back.
The second issue relates to the chair of the inquiry, which I have already raised with great caution. More information has come to light which suggests to me that this is not a fit person. Competence academically and professionally is one thing but even in the past few years this gentleman has written about late termination of pregnancy, has talked about-----
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I ruled on this issue yesterday and will not allow the Senator to speak about the chairman. He is an independent chairperson and we are not discussing his abilities. Does the Senator have a question for the Leader?
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The Senator is aware that there are other ways to raise this issue if he wishes to but he should not raise it on the Order of Business. Does he have a question for the Leader today? The Order of Business is about the business for today.
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I never use my contributions on the Order of Business to do anything except raise issues that are seriously in the public interest.
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We are not discussing any individual who is not here to defend himself. I have ruled on this matter on several occasions, both yesterday and today, and I am not accepting that he be mentioned-----
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I am quoting writings by a person and entitled to draw a conclusion-----
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Yes. If an academic talks about taking the life of a foetus, whether alive or dead, after a late-term pregnancy-----
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-----that feeds in to a serious problem. The Standing Orders of this House are not being applied properly. If urgent matters in the public interest cannot be raised-----
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Yes and the Order of Business request which I have made is that we need to-----
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I do not think the Cathaoirleach should protect the Minister in this way.
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The Cathaoirleach has been accused of not applying Standing Orders and not being fair.
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I have made my point but on a point of order-----
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My point of order is that it cannot be the case that a Member of this House may not advert to the written text of an academic or a person and draw certain conclusions.
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I am asking the Cathaoirleach to tell us how he can possibly prevent me from reading out a text and drawing a conclusion from it as it relates to a matter of current public interest.
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I have asked the Senator if he has a question for the Leader on the Order of Business.
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Yes, and I explained my question but the Cathaoirleach went further.
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The Cathaoirleach went further and said that I could not refer to the text. How can that be?
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Senator Mullen should ask his question.
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My question is whether the Leader will invite the Minister for Health to the House to explain these two urgent reasons for having an independent inquiry. I am proposing that a retired judge, somebody who understands the Irish system and who is not seen to be biased one way or the other, be called in to chair the inquiry.