Oireachtas Joint and Select Committees

Thursday, 8 December 2016

Joint Oireachtas Committee on Health

Civil Liability (Amendment) Bill 2015: Discussion

9:00 am

Photo of Michael HartyMichael Harty (Clare, Independent) | Oireachtas source

The joint committee will now engage in pre-legislative scrutiny of the open disclosures provisions contained in the Civil Liability (Amendment) Bill 2015 with the Irish Patients Association and the States Claims Agency. On behalf of the committee, I welcome from the State Claims Agency Mr. Ciarán Breen, director, and Ms Catherine Tarrant, head of clinical claims; and from the Irish Patients Association Mr. Stephen McMahon, director; Ms Margaret Murphy and Mr. Mark Molloy.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if they are directed by it to cease giving evidence on a particular matter and continue to do so, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person or an entity by name or in such a way as to make him, her or it identifiable. I also advise that any submission or opening statement submitted to the committee may be published on its website after the meeting.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official, either by name or in such a way as to make him or her identifiable.

I invite Mr. McMahon to make an opening statement on behalf of the Irish Patients Association.

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