Major changes are to be made to a long-running investigation into a series of baby deaths at Portlaoise hospital in order to avert its collapse over legal issues.
Nine months after it was announced, and six months after it was due to report, the Health Service Executive (HSE) is seeking to reconstitute the investigation into whether individual staff should be disciplined over the baby deaths with a retired judge or another senior figure expected to be appointed.
They will be asked to decide whether the staff should face sanctions, based on recommendations drawn up by a team of investigators. The proposal has been developed after the Department of Health rejected a HSE proposal to set up a commission of investigation to examine the issue.
HSE director general Tony O’Brien made this proposal in a meeting with Department of Health officials last month after flagging the legal issues threatening the existing investigation.
Arás Attracta
An initial examination found at least 16 staff had a case to answer but one employee has challenged the legal basis for the investigation, leading to doubts as to whether it can proceed.
The situation is similar to that pertaining to ongoing disciplinary proceedings against staff accused of mistreating residents at the Arás Attracta nursing home. A High Court judge has severely criticised the HSE’s approach to this disciplinary investigation and the full ruling in this case is likely to have an impact on the Portlaoise investigation.
Two years ago, an RTÉ documentary reported on the deaths of five babies in Portlaoise, and scores of women have since come forward with their stories of adverse events in the maternity unit, including further deaths.
Parents of babies who died as a result of poor care at the hospital have been calling for those responsible, both clinical staff and managers, to be held accountable for what happened. Last year, they called for a commission of investigation to be established but instead the HSE set up an investigation under its disciplinary code and promised this would report back in three months.
Accountability
The parents have continued to press for accountability, most recently at a meeting with Minister for Health
Leo Varadkar
in Portlaoise last month. A spokesman for his department said he was concerned about the length of time taken to complete the independent disciplinary investigation.
He said the Minister and secretary general Jim Breslin raised their concerns at a meeting with Mr O'Brien in late January. "In this meeting, the Minister requested that the HSE as the employer revert to him as quickly as possible with the steps it proposes to take to conclude the matter in line with its disciplinary code."
Asked why the department had opposed setting up a commission, he said that while such an inquiry could make findings of fact against individuals, it couldn’t impose sanctions on them. It would therefore have the “perverse effect” in this case, where an independent report by the Health Information and Quality Authority has already been published, of delaying the disciplinary process and personal accountability.
A HSE spokesman acknowledged the existing investigation was subject to “legal complexities”. These were in the process of being dealt with but could be affected by “matters before the courts” at present.
A commission would have the power to call witnesses not just from the HSE but other bodies, including the department, but would take years to complete.
