Oireachtas Joint and Select Committees

Wednesday, 16 May 2018

Public Accounts Committee

Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)

5:00 pm

Ms Vicky Phelan:

Peter asked about the State Claims Agency fighting against non-disclosure agreements. One of the things that really actually enraged me with my case, when it did settle, is this. I got to a point where they were going to waive the confidentiality clause because they knew I was not going to sign one. However, what happened in that case was that the HSE was struck out. It was absolved of all responsibility and did not have to admit any liability, because we were looking for exemplary damages. The HSE officials knew that if they got caught there would be a rap on the knuckles and they would have to pay for it. I have a huge issue with this. I know there was a trade-off, according to what Cian was telling me. I do not understand the ins and outs of legalities. However, he will tell you; I really wanted to keep going, to be honest. I did not want the HSE to be struck out because I wanted it to be made accountable and to admit liability, but I was never going to get that. There was a trade-off.

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