Clare Daly (Dublin Fingal, Independent) | Oireachtas source

They knew departmental officials were at their conference but the point they were making was precisely that their expertise could have assisted the Department, which, let us face it, has been found to be operating an arrangement that was unlawful by denying access. External advice to the Department would have been welcome, particularly by the IRC, but that did not happen. Based on what the Minister has said, they were not engaged with other than a note of thanks for the submission to be put in the drawer. They did not get the engagement that they wanted. They would have benefitted the work of the Department.

A feature of some of my other questions is that the Department - this is not personal - has been found wanting on a range of issues, including this, and taking advice from persons outside the net might help everybody in the future. We have many other issues. I will not dwell on that. The Minister has answered as best he can. It is somewhat related to the role of the Department. I will go into other aspects, the first being the coroners Bill. Without giving myself a heart attack, it is a year since we discussed with senior officials in the Department a legislative timescale to deliver through Report Stage prior to last summer. The Taoiseach told me in February the heads of Bill would be published and the Minister told me the same in March. We are still here and if we are lucky, we might get something at the end of Jul, which is incredible.

I will link to that the issue of the criminal negligence claims and the legal system in the UK. The UK introduced pre-action protocols for clinical negligence claims 12 years ago. Such protocols were introduced under the Legal Services Regulation Act in 2015. Two and a half years later, that section has not been commenced. It is directly relevant to the cervical cancer cases and all other clinical negligence claims. The judicial working group recommended protocols to the then Minister in 2011. Opinions were sought from the legal profession a long time ago. What is causing the delays at the heart of the Department? Why is it, on any issue, the next matter that will come up is delays or excuses? If one looks at these or if one looks at the Judicial Council Bill 2017 which I would include in this category as well, the theme is progress is slower on legislation than Ministers want. The Minister is on the record as saying he is behind this Bill. The former Minister, Deputy Frances Fitzgerald, definitely was. I believe the Minister is and his predecessor definitely was. The Minister stated he is behind the Judicial Council Bill 2017. Who is ruling the roost? Two Ministers have told a Department these were priority Bill and we are no nearer processing them. How can that be and how do we address that? For us, as a committee, that is incredibly frustrating. What is going on regarding the three Bills - the coroners (amendment) Bill, pre-action protocols and Judicial Council Bill 2017? Who is ruling the roost?