Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

When we put the subject of contingent liability and open disclosure on the committee’s work plan earlier in the year, it was viewed in a more academic way than how it is unfolded now. It has unfolded because of system and process failures which have impacted people in a very personal way.

There have been 10,000 phone calls to the helpline, some of which have been replied to. From what I am hearing, some general information would be enormously helpful as to what women should do and what advice doctors should give them. I am hearing that there is a general confusion about this matter. That confusion could be allayed by some general statements of advice. If that advice is out there, it may not be as prominent as it should be. Women have asked me who they should talk to and if they should have another smear test. It is basic information that certainly is not getting across. Whatever platforms it is put out on, it should reach as wide an audience as possible.

I am aware contingent liability is dealt with on a pay-as-you-go basis. How does the State Claims Agency assess the HSE’s €2.2 billion contingent liability? Is it by examining cases, such as the recent one in question, going through the courts? Is an actuarial assessment done of others who might find themselves in such a situation? Is it estimated on the number of catastrophic failures during delivery of a baby? What system is used to calculate this?