Oireachtas Joint and Select Committees

Thursday, 17 May 2018

Public Accounts Committee

Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)

9:00 am

Mr. John Gleeson:

My understanding is that if a case were to proceed related to a charge or an allegation against the laboratory, the indemnification would be called in to indemnify the HSE and the laboratory would proceed with its defence. If the HSE is included in the proceedings, the State Claims Agency is involved in its defence. Also involved is the laboratory, if it is included in the charge. It is a case by case matter. The State Claims Agency would really be better able to advise on the distinction in respect of indemnity, who indemnifies who and who deals with the plaintiff, or whoever is bringing the charges.

Dr. O'Keefe mentioned dispute resolution. The clause is pretty standard in any commercial contract. One side can take issue with the other and a formal process is initiated to sort it out. It is separate.

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