Court to give inquiry files on child who died while in state care

The High Court has made orders allowing information contained in a 2001 court case involving a child who died while in state care to be handed over to an inquiry into such deaths.

The High Court has made orders allowing information contained in a 2001 court case involving a child who died while in state care to be handed over to an inquiry into such deaths.

The information in question will be given to the Minister for Children and Youth Affairs and will be considered by the independent review group, whose members are Norah Gibbons and Geoffrey Shannon, into the deaths of children while in state care.

Today at the High Court, Mr Justice Iarfhlaith O'Neill, who had dealt with the case in 2001, granted orders allowing the HSE to hand over all the papers in connection with the judicial review proceedings concerning the child, who was not named in court, to the Minister.

The orders were granted following an application by Felix McEnroy SC for the HSE.

Counsel said that when the matter was last before the Judge orders were made under the Childcare Act that prevented the HSE from handing over information about the case.

However under section 40 D of the recently enacted 2010 Health Amendment Act counsel said that information that may be relevant to the inquiry which had been set up by the Minister could now be furnished.

Counsel added that the solicitor who had acted as guardian of the child was no longer practising as a solicitor.

Counsel also told the court that this was the only such case where orders of this nature would be required.

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