Enda Kenny (Mayo, Fine Gael)

The Taoiseach is well aware that when anyone dies it is a sensitive and tragic matter for those involved. The ways of life are such that when tragic incidents occur in regard to the State, unfortunately, there may well be claims involved. I contend that in asking the Taoiseach the question yesterday as to the numbers of children who died in the care of the State, he should have been in a position to provide the information and I will explain why.

The National Treasury Management Agency (Amendment) Act 2000 went through the House during the Taoiseach's time as Minister of Health and Children and later when he moved ministry. Section 11 of the Act requires that, in adverse incidents where children or persons are involved, the relevant State authority, in this case the HSE, shall report any adverse incidents to the agency as soon as may be. As the Taoiseach is aware, the clinical indemnity scheme is run by the National Treasury Management Agency. Where the scheme may have to deal with a claim, the relevant agency, that is the HSE, is bound by law under section 11 of the Act to report information of adverse incidents to the clinical indemnity scheme, which has a team of qualified risk managers to assess the reasons these things happened.

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