Dr. Colm Henry:

A couple of steps are important in this sequence. One of Dr. Scally's specific recommendations was that the current guideline be revised as a matter of urgency. That was to remove any ambiguity. I referred to this earlier but am not sure if the Deputy was present. That work has already taken place with a view to tying down what rare exceptions there would be to open disclosure if somebody was in danger of causing harm to themselves or other people. That wording has been done and has to go through a consultative process within the HSE. It will go to the leadership of the HSE in January. The next stage is that we have to bear in mind that this is a moving target. There is the Civil Liability (Amendment) Act, which involves a new type of education and awareness for our staff which is quite significant for them because it gives them protection under the Act when they engage in open disclosure. As the Deputy is aware, there is a patient safety Bill, which will bring in mandatory open disclosure for serious reported events. Through this, we have to update the existing policy, knowing that things are changing as we go. At the same time, we have to enhance and build on the training of staff, with 29,000 currently trained, and will involve an element of retraining and new education in order that they are aware of the legal protections they need and of their legal obligations.

Dr. Scally's report refers to a greater overhaul of open disclosure. I understand from the Minister's announcement some time ago that he intends to set up a national patient safety council. We will work with the Department where the overhaul is required.