Oireachtas Joint and Select Committees

Thursday, 7 October 2021

Public Accounts Committee

2020 Annual Report of the Comptroller and Auditor General - Chapters 15 and 16
2019 Annual Report of the Comptroller and Auditor General - Chapter 16
National Treasury Management Agency - Financial Statements 2020

9:30 am

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats) | Oireachtas source

Mr. Breen and I may have met at a meeting of this committee in May 2018 because that meeting prompted me to ask a parliamentary question about contingent liabilities. The answer stated:

The HSE has not recognised any contingent liabilities in the last ten years. This is mainly due to the fact that the nature of such liabilities for the HSE mainly arise as a result of current ongoing litigation. Due to this, it is difficult to determine a) if payment will be probable ...

It continues by referring to some test cases having gone through the courts. Does Mr. Breen know what those test cases might be? Have they concluded? In that reply, the mindset of the HSE seems to be that contingent liability is exclusively related to current ongoing litigation. Has Mr. Breen noticed a culture in this regard in the HSE, given that mediation is not even included and the process is predicated on ongoing litigation? Am I reading that wrongly?

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