Mr. Ciarán Breen:

I mean more protective in regard to open disclosure. The Department has given evidence before the committee that it becomes something that requires to be done because it is mandated to be done, rather than something which should go to the absolute heart of the patient and health enterprise relationship. There should always be a voluntariness about admitting wrong when there is wrong. Our position consistently from the day we took over the clinical indemnity scheme has been that doctors or nurses should always admit when they are wrong and they should engage with the patient very frankly. We have always taken that view. There is nothing to be gained by our agency ever defending a case which is not defensible or where we are giving advice to people or having people who, as the Senator said, are compelled to keep their mouths shut. On the contrary, we tell people they should talk frankly to patients, they should tell them when they are wrong and they should tell them about what they are going to do within the system to prevent a recurrence. There would be nothing to be gained for us at the litigation end from defending something which is indefensible. As Ms Tarrant said, we always try, at the earliest point in time, to admit liability in the litigation process, rather than defend and deny, which leads nowhere other than to more excessive costs. I hope that addresses the point.