Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

J5 covers payments to the State Claims Agency in respect of costs relating to clinical negligence. There is a substantial increase, 20%, estimated for this year. Is that because of large cases coming to finality, or is it a projection of cases in process? Are there cases that the Department expects will come to settlement this year? Is it a projection based on an overall increase?

The health committee has had the debate about the duty of candour and the candour clause favouring more openness and a less adversarial system where people access compensation and vindication for clinical negligence by employees of the HSE. Is this an issue that is being examined in trying to address savings in the area? I do not think many people in this room or elsewhere want to see savings being brought about at the cost of the patient and the person who has been damaged. The person in a wheelchair for the rest of his or her life with brain damage or who has a profound disability or other medical complications because of negligence is entitled to compensation. However, a view is emanating that the adversarial nature of our legal system is creating additional stress and cost, as is evident in the context of these Estimates. Have the Department of Health and the Minister looked at other jurisdictions where the duty of candour is in vogue? Do they see merit in it?