en.si.2026.0300.pdf

STATUTORY INSTRUMENTS. S.I. No. 300 of 2026 ________________ DATA PROTECTION ACT 2018 (SECTION 51(3)) (SCOPING EXERCISE IN RESPONSE TO REQUESTS FROM DIGNITY4PATIENTS) (AMENDMENT) REGULATIONS 2026 2 [300] S.I. No. 300 of 2026 DATA PROTECTION ACT 2018 (SECTION 51(3)) (SCOPING EXERCISE IN RESPONSE TO REQUESTS FROM DIGNITY4PATIENTS) (AMENDMENT) REGULATIONS 2026 I, JENNIFER CARROLL MACNEILL , Minister for Health, in exercise of the powers conferred on me by subsection (3) of section 51 of the Data Protection Act 2018 (No. 7 of 2018), having had regard to the matters referred to in subsection (8) of section 36 and subsection (7) of section 51 of that Act and having duly complied with subsections (5)(b) and (6) of section 36 and subsection (6)(b) of section 51 of that Act, hereby make the following regulations with respect to which, pursuant to section 6 of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving the draft has been passed by each such House. Citation 1. These Regulations may be cited as the Data Protection Act 2018 (Section 51(3)) (Scoping Exercise in Response to Requests from Dignity4Patients) (Amendment) Regulations 2026. Definition 2. In these Regulations, “Principal Regulations” means the Data Protection Act 2018 (Section 51(3)) (Scoping Exercise in Response to Requests from Dignity4Patients) Regulations 2026 (S.I. No. 146 of 2026). Amendment of Regulation 2 of Principal Regulations 3. Regulation 2 of the Principal Regulations is amended by the substitution of the following definition for the definition of “relevant person”: “ ‘relevant person’ means – (a) the Facilitator, (b) the administrator to the Facilitator, (c) each of the persons referred to in Article 1.3 of the terms of reference, (d) the Minister, or (e) any other person acting for, appointed by or working under the direction of the Facilitator or the Minister in connection with the scoping exercise;”. Amendment of Schedule to Principal Regulations 4. The Principal Regulations are amended by the substitution of the Schedule to these Regulations for the Schedule to those Regulations. Notice of the making of this Statutory Instrument was published in "Iris Oifigiúil" of 30th June, 2026. [300] 3 Schedule SCOPING EXERCISE IN RESPONSE TO REQUESTS FROM DIGNITY4PATIENTS ON BEHALF OF VICTIMS AND SURVIVORS OF MICHAEL SHINE TERMS OF REFERENCE 1. Background 1.1. At its meeting of 26 November 2025, the Government agreed, at the request of the Minister for Health (the “Minister”), that a scoping exercise be undertaken in response to requests from Dignity4Patients on behalf of victims and survivors of Michael Shine. 1.2. The Minister has appointed Lorcan Staines SC (the “Facilitator”) to undertake this scoping exercise and to report to the Minister. 1.3 In undertaking his exercise Lorcan Staines SC may seek expert assistance from Maeve Lewis and Professor Phil Scraton. 2. Purpose of the Scoping Exercise 2.1 The purpose of the Scoping Exercise shall be to: • Consider the circumstances in which the complaints of the victims and survivors arise, including the current state of fact-finding which has been conducted in relation to the conduct alleged, the views of victims and survivors as to whether further action or investigation is required and the mode by which victims and survivors may wish for such further action or investigation to be conducted. • If a further action or investigation is deemed necessary by the Facilitator, the Facilitator should propose a framework for a State response to these allegations Such an response should consider the sexual abuse carried out by Michael Shine, former surgeon, and the surrounding circumstances relating to how this occurred. • Make recommendations regarding the scope, breadth and sequencing of such a response, including consideration of whether a modular or phased approach may be appropriate. 3. Scope of Exercise 3.1 Engagement with Survivors 3.10 The Facilitator shall, where he considers it appropriate, engage directly and meaningfully with: • Victims and survivors of Michael Shine, whom the Facilitator considers necessary to consult with or who may wish to consult with him; 4 [300] • Dignity4Patients, representatives of victims of Michael Shine, and any other key individual victims identified by Dignity4Patients who wish to meet with the Facilitator; • The submission furnished by Dignity4Patients, dated 30 June 2025, entitled “What do children and young people who were victims of sexual abuse at the hands of former surgeon & convicted sexual offender Michael Shine want from a statutory inquiry/investigation?”; and • The outcomes sought by victims and survivors in considering possible next steps including the form of any further State response. 3.11 Engagement with victims and survivors, both individually and collectively, shall be: • Accessible; • Trauma-informed; and • Supported, where appropriate, by advocacy and legal expertise. 3.2 Review of Documentation and Relevant Materials 3.20 The Facilitator shall, where possible, review all documentation and other materials considered relevant to the completion of the scoping exercise and may seek such court judgments, reports, records, or other evidence as he considers necessary. 3.21 Without prejudice to the generality of the foregoing, this shall include consideration of: • The 1996 report of the Independent Review Group established by the Board of the International Missionary Training Hospital, Drogheda, chaired by Miriam Hederman O’Brien; • The report authored by Mr Justice Thomas Smyth concerning events at the hospital; • Relevant evidence, testimony, rulings, and judgments arising from criminal, civil, regulatory, or professional proceedings relating to Michael Shine’s sexual abuse of children; and • Any other documentary, institutional, or archival material provided to the Facilitator during the 16-week period allocated to this exercise which the Facilitator deems relevant. 3.22 The Facilitator shall consider the Report of Mr. Justice Thomas Smyth and shall make a recommendation as to whether it should be published (which recommendation shall be subject to legal advice which may be received by the Minister for Health). [300] 5 3.3 Assessment of Options for a Further State Response 3.30 Should the facilitator recommend a further State response the Facilitator shall assess potential options for the most appropriate mechanism in the circumstances. In carrying out this assessment, the Facilitator shall have regard to: • The extent to which any proposed mechanism is capable of addressing the outcomes sought by victims and survivors; • The potential impact on victims and survivors, and where relevant, their families; • Any legal issues arising, including the exercise of powers of compellability or other powers that may be required; • The potential interaction with any current or future criminal investigation or prosecution; • Any previous inquiries, reviews, and other processes relating to non- recent sexual abuse, including the Drogheda Review conducted by Mr Justice Thomas Smyth and other comparable inquiries or processes as the Facilitator considers appropriate. 4. Recommendations 4.1 Should the facilitator recommend a further State response the Facilitator shall provide reasoned recommendations to the Government regarding: • The appropriateness, form, and nature of any response; • The issues and matters that should be examined in any future investigative process; and • The structure, scope, sequencing, and methodology of any such process. 4.2 In making these recommendations, the Facilitator shall have regard to practical challenges arising from the passage of time, including the availability of witnesses and contemporaneous documentation. 4.3 The Facilitator may also consider any additional matters agreed with the Minister regarding engagement with stakeholders or other relevant processes. 5. Consideration of Future response Where a further State response is recommended by the Facilitator, the Facilitator’s recommendations shall include a reasoned and detailed assessment of: • The most appropriate mechanism, including a bespoke model as he sees fit informed by consultations with victims and survivors during the course of this exercise; and • The requirement for compellability of witnesses and documents, and the extent to which hearings may be necessary and the extent to which they should be conducted publicly or privately. 6 [300] 6. Timeframe 6.1 The Facilitator shall conduct the scoping exercise as expeditiously as practicable with a commencement date of 3 March 2026. 6.2 A written report shall be furnished to the Minister within 16 working weeks of the agreed commencement date. GIVEN under my Official Seal, 25 June, 2026. JENNIFER CARROLL MACNEILL, Minister for Health. [300] 7 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) The purpose of these Regulations is to amend S.I. 146 of 2026 to amend the definition of relevant persons in line with the revised terms of reference for the scoping exercise. It also replaces the schedule of S.I. 146 of 2026 with the revised terms of reference for the scoping exercise. 8 [300] BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, BÓTHAR BHAILE UÍ BHEOLÁIN, CILL MHAIGHNEANN, BAILE ÁTHA CLIATH 8, D08 XAO6 Teil: 046 942 3100 r-phost: publications@opw.ie —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, MOUNTSHANNON ROAD, KILMAINHAM, DUBLIN 8, D08 XAO6 Tel: 046 942 3100 E-mail: publications@opw.ie —————— € 3.00 (DH-644) 30. 6/26. Propylon.