Department will conduct an ‘urgent review’ of children’s files

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Health Minister Stephen Donnelly has said his Department will carry out an “urgent and detailed review” of cases in which the state maintained files containing medical and educational information on children with autism.

RTÉ Investigates reported that information about children involved in long-dormant court cases was constructed over several years by the Health Department without the knowledge or consent of their parents.

Minister Donnelly said that he accepts that some files were preserved, as reported by RTÉ Investigates, and that he is treating the issue very seriously.

“We need to know the facts; the periods involved, what the cases are; and how many of these cases belong to the indictments,” he told RTÉ’s Six One News.

The minister said that any parent who goes to a doctor has “full right to consider that the session that his son is having with that doctor, be it a psychologist, an occupational therapist or whatever, is confidential,” he said.

The minister addressed the issue shortly after his department’s secretary general, Robert Watt, said that he “has never illegally had confidential medical and educational information about children involved in inactive cases.”

In what was described as an “open letter” on the Department’s website, he said that the Minister of Health is regularly appointed in litigation.

One of the Department’s duties, he said, “is to handle cases effectively on behalf of the state, which sometimes includes reviewing sensitive information to resolve or defend cases.”

Earlier, the Taoiseach announced that a multidisciplinary team would be established to consider the issues raised by the program, which it said “deserve further examination.”

He said the objective of such a process would be to “fully understand what happened and also ensure a suitable policy framework and guidelines for the future.”

In a statement, its spokesperson said: “The fundamental role of the State is to defend the child and ensure that the State provides services and facilities to children to allow their full development and potential to be realized.

This review will continue despite a statement from the Department of Health last night that the matter was already examined by an expert legal counsel who commissioned after a whistleblower at the Department raised concerns.

That process, the Department said, found the practices to be completely legal, appropriate and appropriate.

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Oireachtas Committee to hold hearings

The Oireachtas Health Committee has agreed to hold hearings on the issues raised by last night’s RTÉ Investigates report.

The Committee should write to the Minister of Health, Stephen Donnelly, to immediately request a copy of an internal report on the matter that was compiled by a senior attorney, when a whistleblower raised concerns.

They will also ask the Minister to give guarantees that access to databases containing information on children is restricted or severely limited.

In a private meeting this afternoon, the members agreed to hold hearings starting the following week. T

First, they will invite the outgoing and incoming Secretary Generals of the Health Department, Jim Breslin and Robert Watt.

Potentially there will be more hearings after which could include inviting advocacy groups, the Data Protection Commissioner and the Ombudsman for Children.

Members have also asked the committee secretariat to compile an information document on the legal aspects of the practice of keeping files containing medical and educational information about children with autism.

Due to Covid restrictions, the committees can meet only once a week. But the Health Committee will consider asking the Ceann Comhairle to allow more regular hearings to examine this particular issue.

Committee member David Cullinane of Sinn Féin said the hearings will be conducted “through the lens of what is best for families and children.”

He said that there were a series of actions that were “in the immediate hands” of the Government, including the delivery of the internal report to the complainant whose complaints motivated him and to guarantee that the practice stops.

Child Ombudsman ‘very angry’

Children’s Ombudsman Niall Muldoon said the revelations infuriated him greatly.

Speaking on RTÉ’s Morning Ireland, he described those involved as “the most vulnerable children in Ireland” and said their families are doing everything possible to ensure that these children have their rights.

They sued the government for that reason, he said, because the government had not granted them those rights in the first place.

“We need to ask the government and the Taoiseach ‘who runs the government?'” Muldoon said.

“What kind of state are we trying to create here? We are trying to provide a state in which the rights of the child are protected and promoted at all times … as recently as yesterday there were statements that said it was normal practice.” .

“It’s legal, maybe, but is it appropriate and appropriate? Absolutely not.”

Muldoon said it is not a fair playing field and family members who take lawsuits cannot knock on the door of a minister or the secretary general’s GP and request to see their medical records.

It is an “abuse of power” in relation to families and children who are “extremely vulnerable,” he said.

“We also have to ask ourselves the question: Has this happened with other children where families have sued in relation to the needs assessment, perhaps, or school sites or maternity issues? Is this a common practice?”

Muldoon said he “absolutely” wants this practice to stop.

He questioned whether the Health Department has made “immediate contact” with the families involved, because hundreds will be worried about being caught up in this.

Mr. Muldoon said that we also need to take a look and see if this has been happening in other lawsuits involving children.

He said we have to ask who asked for the information and who gave the information, and “those answers are crucial.”

Read more:
The whistleblower exposing the secret files of the Department of Health
The Department of Health developed secret files on children with autism
Why Secret Health Department Records Are a Breach of Trust for Parents

Health Service Executive Director Paul Reid said everyone should always be able to trust the health system.

Also speaking on Morning Ireland, he said that confidentiality is the cornerstone of any health service delivery and that the HSE has sought more information on the issues highlighted by RTÉ Investigates and will follow up.

“From our perspective, nothing can be right about sharing information inappropriately,” Reid said.

He said that the HSE would not be sharing any information inappropriately and that according to them, everything that was shared had a legal basis and was not breaking patient confidentiality.

Justice Minister Helen McEntee said the Health Department should be given time to respond to the report.

However, he said he believes the department’s report on legality should be published.

Speaking on RTÉ’s Today with Claire Byrne, Ms McEntee said that the Department had a legal expert come in and assess all of this, as this was not the first time it had been raised within the department, and nothing was found to violate.

He said he did not like what he saw on the show and assumed that any GP appointment who has a family on behalf of the children is private and the only way it is broken is when permission is granted.

Deputy Executive Director of autism awareness charity ASIAm, Fiona Ferris, said there are many concerns raised in last night’s Investigates RTÉ report.

Speaking about the same program, he said that there is “a lot of discomfort and confusion on the part of the families of our community.”

Ferris believes the disclosures will raise concern for these families who are now questioning the trust and relationship they may have with those who have positioned themselves to support them.

She said: “How was this allowed to happen? Will families be informed of how their data has been used? And the biggest concern we have is the perpetuation of this attitude and culture towards people with disabilities in Ireland.”

“This is just another breach of trust that families in our community have experienced.”

He said that questions now need to be asked externally and internally about how these processes were allowed to take place.

While welcoming the legal review, Ms. Ferris stated that there should also be a review of culture and ethics.

Sinn Féin health spokesman David Cullinane accused the Health Department of a “monumental breach of trust” following the revelations.

Speaking in Morning Ireland, Mr. Cullinane said that the research findings are “really shocking” and disturbing and that these issues need to be properly investigated.

“There must be a full and proper investigation,” he said.

Mr. Cullinane said that instead of helping families, the department was “snooping” on these children and raising legal, moral and ethical issues.

“Regardless of the legal issues and whether there were violations, it was unethical and completely wrong, and having very sensitive information and psychiatric information on the child,” he said.

He said he does not “buy justification” from the Health Department.

“We want to know what happened, is this practice still ongoing, is this information still being compiled? Why was this done?”

Additional reporting David Murphy



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