Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Public Accounts Committee

2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021

9:30 am

Mr. Ciar?n Breen:

It compares pretty favourably. The last time I looked, there was very little difference between our statistics and the English statistics, except that England has the pre-action protocol. A particular feature of that protocol is the mediation aspect. In other words, the parties get together at a much earlier time. They net out the difference between them in the context of clinical negligence and then move very quickly to alternative dispute resolution, which is mediation. We heartily endorse that. It is absolutely the way we should be going. I would love to be here to tell the committee we are doing 70% or 80% of our cases through mediation. There are cases in which we offer mediation and, unfortunately, for whatever reason, a plaintiff might not accept. Our default position is that we would like mediation in all our cases, particularly clinical negligence cases. It is the much better way.

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