During the meeting, the Ministers acknowledged that Mrs McGinley’s family deserved answers to the many questions they had about how their late mother’s body sustained a number of post mortem injuries.
The Ministers said that because of the circumstances of the case, they believe an investigation by the Northern Ireland and Parliamentary Ombudsmen is the best route to providing the answers they sought. They have promised to write to the families in the next few days setting out the steps that need to be taken so that the investigation can begin.
Paul Goggins said: “We sympathise with and support the McGinley family in their attempts to find the answers into how their mother’s body suffered injury after her death. The three ministers with responsibilities for the services involved in this matter have decided, after careful consideration, that a public inquiry under the Inquiries Act 2005 would not be appropriate in this case. But questions need to be answered and, given the circumstances of this case, we believe that the most appropriate way for that fully independent investigation to take place is by referring the matter to the Parliamentary and Northern Ireland Ombudsmen.”
Michael McGimpsey said: “I would hope the McGinley family will consider the points we have made to them today about the potential for investigation by the Ombudsmen to provide the answers they are seeking. The Ombudsmen are entirely independent of government and have the same powers in respect of the attendance and examination of witnesses as a High Court Judge, including the taking of evidence under oath. We are of the view that the Ombudsmen can fulfil the family’s wish for a full independent investigation and, that this avenue, has the best chance of providing the answers they so understandably seek.”
Notes to editors:
1. Mrs Maureen McGinley died on 3 January 2007.
2. On 24 June 2008, the NI Assembly called on the Minister for Health to initiate a full, independent and time-bound public inquiry.
3. Given that Mrs McGinley’s death occurred in January 2007, at which time the Assembly was suspended, the Minister for Health wrote to the Secretary of State in September 2008 seeking his consent, as required by the Inquiries Act 2005, to proceed with a public inquiry.
4. Ministers have carefully considered the case for a Public Inquiry and concluded on the merits of the case that it would not be appropriate.
5. It is the view of Ministers that the family’s wish for a full independent investigation into how Mrs McGinley’s body received injuries after her death can be fulfilled by the investigation of the case in tandem by the Parliamentary Ombudsman and the Northern Ireland Ombudsman.
6. The Parliamentary Ombudsman has jurisdiction over the Coroner’s Service (although not the Coroners themselves as members of the judiciary) and the State Pathologist’s Department. The Northern Ireland Ombudsman has jurisdiction over Altnagelvin Hospital and the Western Health and Social Care Trust.
7. Press enquiries to the Department of Health Press Office on 028 90520575 or out of hours, please contact the Duty Press Office via pager number 07699715440 and your call will be returned. NIO press enquiries should be directed to 028 90522077 and out of hours 07623977811.
