Dáil privilege may see Leas Cross report made public

HEALTH Minister Mary Harney is expected to find out later this week if she can use Dáil privilege to publish the controversial report on the Leas Cross nursing home.

The minister confirmed she had sought legal advice from Attorney General

Rory Brady on whether she can publish the report on the nursing home, written by consultant geriatrician, Professor Des O’Neill.

Ms Harney also announced she is to bring forward proposals before the end of the year to end the inequitable system of State financial contributions towards the cost of private nursing home care.

Speaking at a conference organised by Age Action Ireland in Dublin yesterday, Ms Harney said she had consulted the AG in an effort to resolve the “impasse” between the Health Service Executive and Prof O’Neill on the publication of the report.

The HSE has had possession of the completed report since April but has so far refused to publish it in its current format, based on legal advice.

It is understood the report, which examined the deaths of 95 patients who had resided at the home between 2002 and 2005, found that none of the deaths were avoidable.

However, it is also believed to contain strong criticisms of 16 individuals, including HSE officials and staff at the Leas Cross nursing home, which closed last year following RTÉ’s Prime Time investigation.

“I don’t want to see this report go unpublished,” said Ms Harney.

However, Labour health spokesperson Liz McManus accused the minister of wasting valuable time seeking legal advice when she already had the power to publish the report.

Ms McManus said Ms Harney could issue general or specific directions to the HSE to publish the report under the Health Act 2004.

Prof O’Neill, who said his report contained “grave” and “disturbing” findings which required urgent attention, has insisted that his work is completed.

However, the HSE is anxious to incorporate the response of parties adversely affected by the investigation in any final report.

Fine Gael TD, Fergus O’Dowd voiced his support for the minister’s efforts, claiming his party received legal advice that the report could be published using parliamentary privilege.

“There are precedents for publishing a report under Dáil privilege including the Ferns Report and the Travers Report into illegal nursing home charges,” Mr O’Dowd said.

The Louth TD also called on Ms Harney to establish an independent inspectorate for nursing homes.

“The Leas Cross scandal demonstrates that we cannot have faith in the HSE’s own inspection regime, particularly when it has ignored the advice of its own inspectors in some circumstances.”

The Irish Nursing Homes Organisation said it welcomed the minister’s commitment to tackling the problem of inequality for patients in long-term residential care.