Government rows back on promise to hold tribunal into scoliosis and spinal surgery scandal

The Government previously told advocacy groups it would hold a tribunal of inquiry into the scoliosis and spinal surgery scandal, but rowed back on it last month, documents show.The Government announced last month the statutory inquiry into spina bifida and scoliosis services would be a commission of investigation, which means it would be largely conducted in private.However, last year, then-minister for health Simon Harris, Department of Health officials and advocacy groups held a meeting following a number of controversies at Children’s Health Ireland (CHI).These included unauthorised implantation of springs in children with scoliosis, alleged waiting list irregularities and unnecessary hip surgeries.READ MOREAdvocacy groups met policymakers on a number of occasions last year to call for the inquiry, which got significant public attention following the death of nine-year-old Harvey Morrison Sherratt, who had scoliosis and other health issues.Minutes of the November 12th meeting, published by the Spina Bifida and Hydrocephalus Paediatric Advocacy Group, show Minister for Health Jennifer Carroll MacNeill and Harris had “no settled view of the form that the inquiry would take”.However, intensive discussions continued and, by the end of the meeting, Carroll MacNeill said the “interests of children is paramount”.“She then stated that she would bring a memo to Government informing them of her intention to establish a statutory public inquiry, that would be, in principle, a tribunal of inquiry,” minutes of the meeting state.[ ‘Great frustration’ only 19 children treated abroad for spinal surgeries, Dáil hearsOpens in new window ]“She would also appoint a mediator to discuss terms of reference, and that this will have the interests of children paramount. She would then sigh off on the terms of reference. She intends to bring this to Cabinet next week.”Advocacy groups have repeatedly called for the inquiry to take the form of a tribunal, which would be held in public.However, following the announcement, the Government appointed senior counsel Remy Farrell to lead a scoping exercise for the inquiry.Published last month, the 136-page report recommended that the inquiry take the form of a commission of investigation.The report recommended the inquiry examine the period from January 1st, 2019, to December 31st last.It should be divided into four distinct “modules”, the report said: waiting lists, spinal surgery, hip dysplasia and the Crumlin orphans.Speaking following the publication, the advocacy groups said the decision was “worse than we feared”, adding that the decision to have a commission of investigation was reneging on promises made to them at the outset of this process.The inquiry format is being discussed in the Dáil on Thursday afternoon, with Opposition politicians criticising the proposed format of the inquiry.The Department of Health was contacted for comment.