David Stanton (Cork East, Fine Gael) | Oireachtas source

This is a very interesting discussion and I thank the Deputies for the amendments. The definition included in the legislation follows the accepted World Health Organization's international classification of patient safety. That definition takes into account actual adverse events where harm is caused to the patient. We all agree on that point. It also takes into account incidents in which harm could have been caused, or no-harm events, outcomes that did not reach the patient but which would have caused harm if they had, or "near misses". It must be pointed out that in aligning our definition with that of the World Health Organization we allow the Irish health system to make international comparisons and participate in international surveillance and research on patient safety.

The legislation is intended to capture not only incidents where harm was caused to the patient, but also no-harm incidents and near misses. Taking out the reference to "in the opinion of the health service provider" could leave things unclear. The provider is best placed to know that there has been a near miss and what the implications could have been for the patient.

I believe Part 4 captures what the Deputies are talking about where it states, "an incident which has caused an unintended or unanticipated injury, or harm, to the patient and which occurred in the course of the provision of a health service to that patient". Where harm has occurred, anyone can identify that and make it known. That captures what the Deputy is trying to introduce further down.

It would not be appropriate to take out a reference to health service provider having reasonable grounds to believe it would cause unintended or unanticipated injury. Very often they are the only ones who would know that. Others may not know that. I believe it is all captured there as it stands. We are aligning ourselves with the WHO definition. To make international comparisons for statistical purposes and so on, it is important we are linked to that.

For those reasons, I am not in a position to accept this group of amendments.