Ceisteanna ó Cheannairí - Leaders' Questions
Dail Éireann — 2026-09-30
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Micheál Martin (FF), Cork South-Central

First, I would like to offer my deep condolences and those of the Government and the entire team here at the Oireachtas on last night's very sad passing of our colleague and friend Seamus Carroll, husband of another colleague, Treasa Carroll. Seamus was a very respected member of the usher team and there will be a strong sense of shock and upset among the team throughout the House today. We think of him and pray for him, Treasa and his entire family at this very sad time. Ar dheis Dé go raibh a anam dílis.
Gabhaim buíochas leis an Teachta as an gceist seo a ardú os comhair na Dála inniu. Aontaím léi go bhfuil géarghá ann fiosrú cuimsitheach a chur i bhfeidhm agus a thosú maidir leis an méid a tharla laistigh de CHI chun soiléiriú a fháil ar an gceist iomlán. First, I agree that we need a statutory inquiry in relation to the pediatric services at CHI and particularly following the scoping report, Report on Children’s Health Ireland Inquiry into Spina Bifida and Complex Scoliosis Scoping Exercise, that the Government and the Minister, Jennifer Carroll MacNeill, published on 29 September.
The issues are very serious, and the parents and many others have strongly advocated for an inquiry. My view is that Remy Farrell SC did a comprehensive piece of work in respect of the scoping inquiry. Officials in the Department of Health will now work closely with the Office of the Attorney General on drafting the terms of reference. There will be a call for input from advocacy groups to the terms of reference, and the final terms of reference will then be submitted to the Government for approval.
In respect of a number of issues the Deputy has raised, as she knows, Mr. Farrell recommends a commission of investigation, which is statutory and mandatory and has compellability and all of the core requirements of a statutory public inquiry as per the Act. He has defined four modules: waiting lists, spinal surgery, hip dysplasia and the cohort of children who were not transferred to Temple Street post 2008. There are then two submodules recommended for the module on waiting lists: a personal family statement module and a module on the response of CHI management to waiting list issues.
Mr. Farrell also recommends that the commission inquire into whether the management of CHI was aware of the use or intended use of the non-CE marked springs and surgeries undertaken at Temple Street by consultant A between 2020 and 2022. There is further work in terms of the hip dysplasia and, as I said, children who were not transferred to Temple Street.
One important point is that a commission model can deliver the same core statutory powers as a tribunal and is arguably better suited to the specific subject matter of the inquiry, namely the medical treatment of children. The commission can compel witnesses and the production of documents and will obviously publish a final report.
Mr. Farrell came to his conclusions based on the personal and medical information of children. He feels that this model is the optimum model to handle sensitively the personal and medical information of children. He is concerned, as I would be, about the significant risk that children may be identifiable.
Of course, within a commission of inquiry, there is the capacity for public modules, and that is an area where the chairperson clearly has significant discretion. The chairperson could also have discretion in respect of any issues that arise during the course of the discussion that would have a more historical context, pre-2019. That discretion can be provided expressly to the chairperson to utilise his or her discretion to go back.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-09-30/debate/main
Retrieved: 2026-10-05T01:00:59+00:00
Sitting date: 2026-09-30