Mr. Martin Varley:

I will add two comments in response to Deputy Billy Kelleher's question about mediation. The Medical Protection Society and the State Claims Agency are promoting mediation services as an alternative.

Based on the most recent information I have seen, probably from 12 months ago, the take-up was running at approximately 3% to 5% of cases. I am sure the State Claims Agency could provide more up-to-date information if its representatives were to come before the committee.

A very interesting question was raised about how one could ensure mediation, as an exercise in itself, would not spill over and be a precursor to litigation. If we could find some way of ensuring mediation would be effective and resolve the matter, it would be hugely important in having matters resolved more quickly and also at reduced cost. The State Claims Agency would be in a position to give its insight based on operating mediation services in recent years.

In response to the question on risk sharing between specialties, there are a number of indemnifiers in the market which, I hope, compete on price and other such matters. With the spread of risk between various specialties, by the very nature of procedures one carries out, it might prove difficult to introduce risk sharing and loan burden sharing in terms of cost. That will probably be the biggest obstacle in doing so because individuals can move between indemnifiers-insurers.