Oireachtas Joint and Select Committees

Thursday, 6 October 2022

Public Accounts Committee

2021 Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 38 - Health
Health Service Executive - Financial Statements 2021 (Resumed)

9:30 am

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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We would all accept that where a baby has suffered a brain injury at birth, for example, the number one priority is to ensure that lessons are learned from that and it is not repeated. That should go without saying. We are supposed to be at a point where there is open disclosure when there has been an accident.

Representatives of the State Claims Agency were before the committee and we discussed trying to get a mediated settlement whereby there is acceptance that there was an injury and fault involved. During that engagement with the agency, it was interesting to hear that there appeared to be a change in the practice during the pandemic when the courts were not available to prosecute some of these cases. There was a greater use of mediation. Are there mechanisms in place to ensure that happens? The evidence seems to suggest that settlements are quicker and less costly because there are fewer legal costs. Why did it take a pandemic to make that change? Is that change being maintained?