Gardaí to be asked to help McElwee inquiry

The inquiry into the controversy surrounding academic Niall McElwee will seek the co-operation of gardaí and other witnesses …

The inquiry into the controversy surrounding academic Niall McElwee will seek the co-operation of gardaí and other witnesses and will publish its findings subject to any legal restrictions.

Terms of reference for the inquiry set up by the Health Service Executive under the chairmanship of consultant Conal Devine were published today.

Dr McElwee resigned his post at Athlone Institute of Technology (AIT) two weeks ago after it emerged he had been convicted of attempted indecent assault on two young women while on a health board-funded trip to Amsterdam to study drug addiction in 2004.

A Garda sergeant who was on the same trip, but who was not involved in the incident involving Dr McElwee, reported it to the authorities here on his return, according to An Garda Síochána.

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However, Dr McElwee continued to serve in his post, and the conviction did not apparently come to light until he resigned as director for the Centre for Child and Youthcare Learning recently. He was also a lecturer on addiction issues and on child protection and had co-written many books on these topics.

The inquiry will put together documentation and a chronology of what information the HSE had from sources such as the Garda, the Departments of State and AIT relating to "child protection issues touching on or concerning Dr McElwee".

The inquiry will also establish the legal context in relation to the issues and will outline the existing processes within the HSE for collecting, evaluating and using the information that comes to light in such cases.

Mr Devine, a former director of industrial relations with the Irish Medical Organisation, will compare the Irish system with "comparable foreign states", such as England and Wales, the US, Canada, New Zealand and Australia.

He will make "short recommendations" for improvements to the legal and the administrative context, according to the published terms of reference.

The inquiry will report to the Assistant National Director of Primary, Community and Continuing Care in Dublin/Mid Leinster.

Labour Party deputy leader and health spokeswoman Liz McManus said it was important that the investigation covers all aspects of the matters to be inquired into. She said she had some concerns about the terms of reference, however.

"The independent chairman should be required to report back at an early date as to the likely timeframe for this investigation. It is unacceptable that there is no time frame provided," Ms McManus said.

Ms McManus also said she had concerns that the terms carried a risk of providing a "let-out" for the HSE but that this "may not be the intention".

The Labour Party spokeswoman said it was also important that matters that had come to light in relation to Dr McElwee's employment at Waterford Institute of Technology also needed to be included in the scope of the investigation.

It emerged following Dr McElwee's resignation from AIT that he had been asked to stop using certain lecture materials in previous employment at the Waterford institute after students expressed concerns about their suitability.