Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

Section 49 address the offences and the penalties. A health service provider which fails to comply with the obligations to make an open disclosure of a notifiable patient safety incident without reasonable excuse shall be liable on summary conviction to a class A fine. A health service provider that fails to comply with the obligation to report a notifiable patient safety incident externally to the appropriate body will be liable on summary conviction to a class A fine. A summary offence is one which can only be dealt with by a judge sitting without a jury, that is, in the District Court. Under the Fines Act 2010, since January 2011 there are five categories or classes of maximum fine applying to summary convictions. If somebody is liable on summary conviction to a class A fine, the fine is up to a maximum of €5,000. The health service provider must in its defence make all reasonable efforts to ensure compliance with the relevant provisions.