June deadline for deaths of children in care files
The Government yesterday said it will draft emergency legislation that would force the HSE to hand over files on the deaths of children in care to a new expert panel charged with investigating those deaths.
The announcement by the Taoiseach Brian Cowen could bring an end to the stand-off between the Office of the Minister for Children and the HSE over the transfer of the files.
Controversy arose after it emerged the independent review group chaired by lawyer Geoffrey Shannon and Norah Gibbons of Barnardos had not received a single file from the HSE despite asking for the files shortly after the panel was established two months ago.
Despite the intensity of the row Health Minister Mary Harney appeared content to let her junior Mr Andrews wade through the controversy as she refused to get involved.
The delay in passing the files came as a fresh estimate put the number of deaths in care in the past decade at 200, while the HSE admitted there were flaws in how it collated the data on child deaths in the care system.
It emerged yesterday that Children’s Minister Barry Andrews wrote to the chairman of the HSE, Liam Downey, on March 10 seeking a validated list by April 9 of all deaths of children.
The list failed to materialise and on May 14 the HSE informed the minister it could take until the end of June to complete an accurate and consistent list of deaths of children in care.
However, officials from the Department of Health and from the HSE met yesterday along with representatives of the Attorney General’s Office, as the HSE had said late on Monday that one obstacle to passing on the files could be the in camera rule.
The HSE has now said factual information requested by the review group will be passed on as a matter of urgency and no later than Friday of this week in respect of previously identified deaths of children in care known to the HSE.
Additional information will be given to the review group regarding any other cases identified as soon as it becomes available.
In a bid to prevent any future legal log-jams, a legislative amendment is needed and according to the Taoiseach, Mr Andrews will be bringing proposals to Cabinet next Tuesday.
It is understood the proposed legislative changes could be pushed through in a matter of days, although no definitive timeframe was given.
Basic information on approximately 24 cases should be provided to Ms Gibbons and Mr Shannon by this Friday.
