Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I agree that patient safety incidents are not just where actual harm has occurred but include where it could have occurred but for a timely intervention. Our amendments do not change that. We are providing that these incidents will be covered by the open disclosure policy. None of that changes if these amendments are accepted. It is necessary to have reasonable grounds. Obviously if something happens and harm has occurred, that is easily identified by anyone who is there. One does not have to be a doctor to know that. If harm had not occurred or it was a near miss, there must be reasonable grounds for that. The only impact of our amendments is who decides the reasonable grounds or to whom that authority is given.

Following changes that came between the heads of the Bill and the Bill as published, the health service provider is the only one who can do that. I fully accept that in probably 95% of the cases the health service provider will be the one. However, taking out the sole use will affect the 5% of cases. Sadly, it sometimes happens that the health service provider or the person who is at the coalface might tense up, try to deny liability and not record it. In such cases the family or the individual might have the option of having it looked at under the open disclosure provision. It does not take anything from the health service provider. I think it is quite important.

Deputy Wallace is right in saying this will help hospitals and health service providers move away from the cultural problems they have about accepting errors. It will encourage them to acknowledge errors in order that a system is put in place to ensure it does not happen again. I am strongly attached to this group of amendments. I do not think they are problematic or place the health service provider at a disadvantage. I do not know why the Minister of State cannot accept them.