Seán Fleming (Laois, Fianna Fail) | Oireachtas source

We are dealing with chapter 15 of the 2017 annual report of the Comptroller and Auditor General on hepatitis C treatment in Ireland, on which we will have a discussion with representatives from the Department of Health and the HSE. We will also be looking at the HSE's efforts to prevent medical negligence cases. We had a meeting with the State Claims Agency on the management of medical negligence costs and open disclosure. We have teased out many of the associated issues, to which we should not return today. This meeting is important as it gives us an opportunity to review hepatitis C treatment, its implications and whether lessons have been learned. What, if anything, has been learned by the HSE from hepatitis C cases? The State Claims Agency has told us that there is an estimated liability of €2.4 billion arising from active clinical claims and this figure is growing each year. We have discussed with the agency how the figure could be reduced through open disclosure and mediation. However, to quote the old saying, prevention is better than cure. If costs are to be meaningfully reduced, it will only be done by ensuring there is a reduction in the number of serious medical incidents in the first place. We need to focus on what institutional learning has taken place in the HSE and understand the changes that have been implemented as a result of cases such as those involving hepatitis C and CervicalCheck. We need to hear what the HSE has been doing in general to reduce the risk of cases of medical negligence.

I hope what I have said serves to frame the discussion in order that we will not move beyond that issue today with the Department of Health and the HSE. We can come back to other broader HSE-related issues on another day. We are here to discuss hepatitis C treatment, in particular. We are joined by Mr. John Connaghan, director general of the HSE, who is accompanied by Dr. Colm Henry, Ms Michele Tait, Professor Aiden McCormack and Mr. Ray Mitchell. The Department of Health is represented by the Secretary General, Mr. Jim Breslin, and his colleagues, Mr. Michael Conroy, Mr. Finian Judge and Ms Pamela Carter.

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 provisions of Standing Order 186 to the effect that the committee should refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government or the merits of the objectives of such policies. While we expect witnesses to answer questions put by the committee clearly and with candour, witnesses can and should expect to be treated fairly and with respect at all times in accordance with the witness protocol.

We will take the Comptroller and Auditor General's opening statement and then we will have statements from Mr. Breslin and Mr. Connaghan. I understand that Mr. Breslin cannot attend the committee meeting this afternoon.