James Reilly (Dublin North, Fine Gael) | Oireachtas source

I cannot stand over the last figures referred to by the Deputy. I do not know, for example, whether the legal fees paid out by the HSE include child care cases, on which a great deal of money was paid out in the period in question. I will check out those details. What is of great concern to me - it is something I pointed out repeatedly when I was on the other side of the House - is that up to one third of the money we pay out in compensation goes on legal fees as opposed to directly to the victims who have suffered as a consequence of misadventure or medical negligence.

If we want to learn from mistakes made, we need open disclosure. I know from my own professional career that in most instances what people want is the three As: an apology for what went wrong, an acknowledgement that something did go wrong, and an assurance that it will not happen again because things are going to change. In most cases that is what people want but they are driven to law because of the frustration they experience through a system that is very defensive and legalistic. That is the reason we need a patient safety agency and the reason I am intent on setting it up this year on an administrative basis, but it will be given statutory footing to be independent. It will be seen as the patient's advocate, the agency to go to when one has a complaint whether it is because somebody was rude or because somebody died. That agency will be one's friend and one's advocate and will advise on how best to pursue the outcome.

See this speech in context