Dr. Colm Henry:

To be clear about this, Dr. Scally correctly identified that there can be no ambiguity in terms of clinicians' obligation for open disclosure. What has happened in the intervening period is that there has been enabling legislation in the form of the Civil Liabilities Act, which was put what could be called a framework in place to give protection to people who engage in open disclosure.

As well as that, in response to Dr. Scally's report, there were immediate recommendations that needed to be put in place to alter the wording of the existing policy to ensure there is no ambiguity, particularly where there was any inference that there were options not to disclose. We have gone through the wording of our current policy and we have to go through a period of consultation with clinical directors and so on. We expect that to be passed by the HSE leadership in January.

There is a bigger piece of work to which Dr. Scally referred and my colleague in the Department of Health referred to it also. There will be a patient safety council announced by the Minister, which will look at the broader role of open disclosure, not just in light of the Civil Liabilities Act but the patient safety Bill that is currently being drafted.