Mr. Ciar?n Breen:

Our advice is always that where there has been wrongdoing, like open disclosure, a hospital should apologise and it is the hospital that offers the apology and not the SCA, obviously, because we are not the people who were responsible for the treatment in care.

In respect of the issue the Deputy has raised, I agree that the tort system as we have it now creates great trauma for families where someone has suffered a clinical negligence event. We need to do better and the pre-action protocol is one thing that if it were to be brought in - and it will be brought in, as I understand it - would change much of the stress that is there for families at the moment. The good thing about the pre-action protocol and moving to mediation is that mediation is the perfect forum to offer an apology. It can often mean that an individual will be there to apologise to the family in person.