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:

We did honour our commitment, in the first instance, in the terms of that letter. We agreed that if we were the sole defendant, we would do that, and then join the laboratories if necessary. What happened in the cases referred to by the Deputy was that we were absolutely committed to going before the tribunal. We would be before the tribunal on any issues relating to the finding by the Supreme Court on the primary liability issue, but not being vicariously liable for the laboratories, and that we would be there, therefore, if there was, for example, an issue arising in relation to non-disclosure. If, however, in the context of the matters before the tribunal, the laboratories separately raised issues on the statute or, indeed, on any other point, we could not be left in the situation-----

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