Oireachtas Joint and Select Committees

Wednesday, 26 September 2018

Joint Oireachtas Committee on Health

Business of Joint Committee
General Scheme of the Patient Safety Bill 2018: Department of Health

9:00 am

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I will start with the changes that have been proposed to the Bill since the last time it was discussed by the committee. They are to increase the Minister's power to direct investigations.

This relates to the tragic case of Ms Thawley in the National Maternity Hospital. Dr. Holohan referred in his opening statement to the interesting judgment in that case. In his legal judgment, the judge said he was not satisfied that section 9 was complied with and directed that no section 9 investigation should be undertaken. He was scathing about the Minister. He said that the Minister was "irrational and unreasonable" and that the Minister's assertions stood up to no analysis. He said it was clear that the findings, recommendations and conclusions of the National Maternity Hospital's report were not properly considered by the Minister. It appears from the judge's scathing report that the Minister has failed entirely in his duty in this case. I am concerned that it is recommended to give such a Minister even more powers. I ask Dr. Holohan to comment on that.

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