Rabbitte: Department may have compiled dossiers on up to 400 disabled children 

Rabbitte: Department may have compiled dossiers on up to 400 disabled children 

Disabilities Minister Anne Rabbitte held a meeting with autism charity AsIAm on Tuesday. Picture: Julien Behal Photography

The Disabilities Minister has told the AsIAm autism charity that as many as 400 families may have had dossiers compiled on them by the Department of Health.

Fiona Ferris, the deputy chief executive of the organisation, said in a webinar on Tuesday night that Anne Rabbitte had made the comments during a meeting that afternoon, at which she also reiterated her desire to have the Department of Health's report – conducted on their behalf by a senior counsel and which the department said showed that nothing illegal was done in compiling the information – published as soon as possible.

"The minister informed us that they propose to publish the senior counsel's report and that up to 400 cases may be involved, possibly less, but no more than that," Ms Ferris said on the webinar.

Elaborating on that exchange, Ms Ferris told the Irish Examiner the figure may be lower than 400 but added: "What was really being communicated here is that they are unsure how broadly this will go."

A source familiar with the situation said the number of families impacted may be below 300 and the majority would likely be cases that had been "closed off" some years ago, rather than cases that are still active.

DCA Warriors

Another group representing families, the DCA Warriors, has asked that the terms of reference given to the senior counsel so they could facilitate the internal review, should also be published. 

The Irish Examiner understands that those terms of reference are contained within the report and that it would have facilitated a broad look at practices which the department has defended as within the parameters of litigation management.

It's understood that Ms Rabbitte also told AsIAm that in addition to having that senior counsel's report published as soon as possible, a proactive mechanism will be put in place to contact all of the families involved.

Ms Ferris said organisations also want assurances that the same practice of compiling dossiers on families has been discontinued, and when. 

Historical cases

As for the timeframe of the historical cases, Ms Ferris said in the discussions with the minister she had not put a timeframe on it but said the children involved would now either be adults or on the cusp of adulthood.

In the Dáil, the Taoiseach said the Department of Health did not compile dossiers on children with autism and their families while he was minister for health.

Micheál Martin was responding during Leaders' Questions to queries from Sinn Féin leader Mary Lou McDonald on the RTÉ Investigates programme aired last week which found the practice had been undertaken against families who had taken cases against the State. 

Mr Martin was minister for health between 2000 and 2004, but said it did not happen during his tenure.

"There wasn't a practice when I was a minister either to go out and authorise the collection of data," he said. "What normally happens is that pleadings are made and in the interactions between legal teams, they will exchange information.

"Any breach of patient confidentiality or any attempt to ring up a doctor or a consultant would be totally wrong and unethical and not something I would condone."

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