THE HEALTH Service Executive has written to Fine Gael spokesman on children Alan Shatter asking him to withdraw from the public record a report on the death of a troubled Dublin teenager on the basis that his publication of the document breaches the constitutional rights of her family.
The HSE report into the death of 18-year-old mother of two Tracey Fay in January 2002 strongly criticises the State’s “chaotic” provision of care accommodation, a lack of a systematic care plan and a failure to provide addiction services.
It also highlights the “missed opportunities” when Tracey Fay came to the attention of child protection services following abuse perpetrated by her mother and her mother’s partner.
The document was released by Mr Shatter at a news conference called at short notice yesterday morning in a Dublin hotel where he referred to Ms Fay by her initials “TF”.
He was severely criticised later by both Minister of State for Children Barry Andrews and the HSE for failing to consult the young woman’s family.
Last night it emerged that the HSE had written to the Fine Gael TD, arguing the family had a right to be consulted in advance of publication.
Mr Shatter confirmed he had received a letter from Philip Garland, HSE assistant national director for children and families, and he said, “I am considering its content.”
The letter echoed sentiments expressed by Mr Garland in an earlier HSE statement where he said: “I believe that the publication of reports such as this need to be treated in a manner that is respectful of the deceased and their family which unfortunately was not the case today.”
However, pointing out that the document had been laid before the Dáil and Seanad yesterday, Mr Shatter said it was therefore “a privileged report that can’t be subject to litigation of any description”.
Mr Andrews said: “The truth of the matter is that since the report was finalised, the HSE has been in touch with the mother of the girl and has been seeking to share the full content with her before publication. Due to the mother’s illness, this consultation could not take place.”
But Mr Shatter said the report had been “gathering dust on the shelves of the HSE and in the Minister’s office”. He added: “It is incomprehensible in the context of the Minister’s critique of me circulated this afternoon that he omits explaining the regrettable repetitive use by him of TF’s full name during today’s lunchtime interview by Seán O’Rourke on the RTÉ News at One.”
When it was pointed out to Mr Andrews on air that he had used her full name, the Minister of State immediately apologised.
Tracey Fay was in voluntary care of the Eastern Health Board, now subsumed into the HSE, from 1998 to 2001.
Over the past decade, more than 20 children have died while in the care of the State.