The Medical Council has decided not to refer its report on consultant obstetrician Dr Michael Neary to the Director of Public Prosecutions.Instead, the council will make the report of its Fitness to Practise Committee into the activities of the Drogheda obstetrician available to the Garda, once legal proceedings are complete.
The council has applied to the High Court for confirmation of its decision last month to strike Dr Neary from its medical register after it found him guilty of professional misconduct over removing 10 patients' wombs.
Once the High Court proceedings are over, the council will publish the Neary report, only blanking out the names of individuals to preserve their anonymity. Each patient involved will be provided with a copy 48 hours in advance of publication.
The president of the Medical Council, Prof Gerard Bury, said the council sought legal advice on referring the report to the DPP. "Council has now been advised that this route is not available to it and has decided that, following the conclusion of legal proceedings, it will make all relevant material available to the gardaí," he said. "There is no access to the DPP for individual agencies," he added.
The council confirmed after its meeting yesterday that it is to meet the Minister for Health, Mr Martin, on Tuesday. They will stress the need for a broad inquiry into "the context of the tragic events at Our Lady of Lourdes Hospital", the need for reform of the Medical Practitioners Act 1978 and the need for continuing education for doctors which it feels "will make these events less likely".
The chairwoman of the Medical Council's Ethics Committee, Senator Geraldine Feeney, who had previously argued in favour of referring the report to the DPP, welcomed yesterday's statement.