Noel Harrington (Cork South West, Fine Gael)
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I welcome Dr. McLoughlin and his team. Is legislation being prepared to amend the Health Act 1970 to resolve this issue? He mentioned that there were 33 settlements. The Ombudsman made the point that they were settled at the point of the orders of discovery. It seems the advice from Chief State Solicitor's office or the Attorney General was to settle at that stage. Have all cases that have come to litigation been settled at that point? I acknowledge the difference of opinion between the Ombudsman and the Department but we can only take each opinion in good faith. There are strongly held views, which is healthy. We have witnessed what happens, when regulators, for example, are comfortable with Departments. It is not bad that there is friction between the Ombudsman and Departments. However, there are two opinions and we cannot judge or be the arbiters of them. As Deputy Nolan said, in settling cases, one would be human to think somebody is deciding who is right and who is wrong. Is there an inevitability coming down the tracks that we need to deal with? When the Department settles cases, there is no liability but the perception remains that there was in these 33 cases. What is Mr. McLoughlin's opinion on that?