Seán Fleming (Laois, Fianna Fail) | Oireachtas source

Today we will be dealing with matters related to medical negligence, open disclosure, CervicalCheck and thalidomide litigation. It follows our meeting on 10 May when we dealt with the State Claims Agency's financial statements for 2016, the cost implications of the CervicalCheck revelations and matters related to open disclosure. The Joint Committee on Health has engaged with Dr. Scally on his report, but our focus is on the financial liability arising for the State as a result of claims related to CervicalCheck, as well as other clinical claims. The estimated liability for all claims before the State Claims Agency amounts to €2.4 billion. We need to know why the figure is so large and what is being done to ensure the liability is controlled.

From the State Claims Agency we are joined by Mr. Ciarán Breen, director; Mr. Pat Kirwan, Ms Jenny Foley and Ms Anne Duffy. From the Department of Health we are joined by Ms Mary Jackson, principal officer, and Ms Patsy Carr. From the HSE we are joined by Mr. Damien McCallion, national director of screening services, and Dr. Colm Henry, chief clinical officer.

By virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if they are directed by it to cease giving evidence on a particular matter and continue to so do, they are entitled thereafter only to qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official, either by name or in such a way as to make him or her identifiable. They are also reminded of the provisions of Standing Order 186 to the effect that the committee shall refrain from inquiring into the merits of a policy or policies of the Government or a member of the Government or the merits of the objectives of such policy or policies.

While we expect witnesses to answer questions put by the committee clearly and with candour, they can and should expect to be treated fairly and with respect and consideration at all times, in accordance with the witness protocol.

There will be no formal opening statement by the Comptroller and Auditor General, as we had a formal statement on this set of accounts earlier.