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The Department of Health intends to publish the independent senior counsel’s review in the controversy over the department maintaining dossiers of sensitive information on children with autism involved in legal action against the State.
Minister of State for Health Anne Rabbitte said Secretary General Robert Watt informed her that “it is the intention” to make the report public and “they are just receiving legal advice on it at the moment”.
The report commissioned earlier last year and completed in November at a cost of €10,000 had not identified any breaches of the data protection laws in the gathering and maintenance of information, including education and psychological reports on children and personal issues within the family.
The controversy erupted following revelations on the RTÉ Investigates documentary following a protected disclosure by a senior department official on the practice.
In a trenchant speech to the Seanad Ms Rabbitte said the system for dealing with litigation had to stop and be replaced with a new, more transparent method.
The Minister said she shared the anger of the Children’s Ombudsman, the public and many Government colleagues.
“I simply cannot stand over this particular system. It needs to stop now, and a new, more transparent method of managing such legal cases needs to be developed. Only then will trust be restored.
“I can’t believe a policy like this has been in place in the department for over a decade,” she said.
“I’m sure there was no malice intended on the part of the department but the public needs to be able to trust the systems in place.”
Lawful
She was unaware of the practice or of the senior counsel’s report but, she said, “the department has always understood that it had a clear legal basis for obtaining, sharing and retaining this information”.
“However we must acknowledge that while what happened may have been lawful does not mean it was right. Driving without a seat belt used to be lawful, it doesn’t mean it was ever right.”
“My personal view is that this system lacks transparency. It appears shady, even if it is not the case. The State should never ever give the impression of operating in any kind of cloak and dagger way.”
Ms Rabbitte was speaking during a Seanad debate on the Primetime Investigates documentary which reported the department’s policy.
The Minister thanked whistleblower Shane Corr and said what he did was “a very brave and courageous thing”.
She said she met senior department officials on Friday and asked a number of questions including how many cases there are and families who need to be contacted.
She also asked when the practice started, how regularly the department sought updates, why the Minister for Health was not informed that the report had been received or its findings, how many people had access to the information and if there are other similar management protocols in place elsewhere in the department.
A multi-disciplinary team is going to investigate these matters and will develop “a more appropriate policy framework going forward”.
The Minister said she had seen first-hand the “Trojan work” of staff in the department and “how child-centred they are”.
She said “every day I meet several officials who genuinely ensure the rights of the child are the focal point of our work”.
They are “always working towards a more equitable provision of healthcare”.
“My fear, however, is that this will have dented the great work being done right across the health service.”