Oireachtas Joint and Select Committees

Tuesday, 8 May 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

State Claims Agency: Discussion

1:30 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

So senior people within the HSE and within the State Claims Agency are aware of cases but before a case gets to that stage everyone seems to be unaware of what is going on. That is the point. All due attention is given after the summons is served but prior to that, for example in asking for information from the HSE, not all the files are provided. In fact, I heard a solicitor say on the radio the other day that it is only when a legal firm representing the client goes to the HSE that the full disclosure will be made. I find that quite shocking, and it annoys me that it would be the case. In other cases the HSE was asked for the reports and files and it was provided with pages missing and then when it came to the stage leading to the court case the missing pages miraculously appeared on the files of the other side. The impression I get from talking to a number of people who have been through the system with the SCA is that they find it frustrating and hugely costly.

One individual told me he had to put up €100,000 to be able to take part in the game, and to fight for his case, and that it dragged on for years. The messages that are going out from here are mixed. Mr. Breen said the agency shows compassion and humanity, yet people on the other side tell us that the State Claims Agency appoints solicitors to represent it and that they find it difficult to deal with the State Claims Agency and those who take cases find it hugely difficult and the process takes years. In fact, one individual told me that he felt that there was no honesty in the system, that people do not meet face to face and that there is a wall of silence within the HSE, in particular, in relation to these matters.

I am just pointing this out because some of the commentary would lead one to believe that everything is hunky dory but it is far from it. My first question is what Mr. Breen has to say in response to that. My second question is what he says to the HSE, that has failed to report this and whose own system has failed to flag this. Will he stand with those affected who will be going through the courts with the American company? It would seem to me that the original contract was flawed; that it was the case that the Department put it in place to wash its hands of it so that it would not affect it. I believe the HSE and the State Claims Agency have a role to play. What assistance will they give to people affected?

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