Oireachtas Joint and Select Committees

Tuesday, 2 February 2016

Public Accounts Committee

HSE Report on Foster Home in Waterford Community Care Area: Discussion

12:00 pm

Mr. Tony O'Brien:

At the very moment that anyone initiates legal proceedings they stand in the name of the HSE but by virtue of the statutory orders that exist, we pass all of that on to the State Claims Agency and it then manages the claims, as it would in respect of any civil liability that might arise for any of the HSE services. However, it is my very clear view that there is no potential defence available and, therefore, the HSE will not seek to defend them. That is the reason I was quite happy today to write to all 47 - and the members have a copy of the letter - with an unambiguous apology because I do not see any basis for any other course of action. As I say, I have not come here to defend, merely to explain.

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