Jack Chambers (Dublin West, Fianna Fail) | Oireachtas source

I have a few questions, further to the Minister's clarification. Will the Minister make the exploration of the impact of a potential mandatory open disclosure or will it be the Minister for Health? Will it be a combined effort? Is there a timeline for it? When Deputy O'Callaghan met officials from the Department of Justice and Equality, they said work would be ongoing. I would like to have a timeline.

I suppose there is a contradiction as the Minister mentioned a potential challenge. At the justice committee earlier today we heard about a definite challenge to another general scheme of legislation that the Department appeared to reject. Both Mr. TJ McIntyre and Mr. Simon McGarr mentioned a definite challenge to a general scheme, having challenged the legislation previously. A potential challenge should not be the simplistic factor given by the Minister for rejecting what are constructive amendments from Deputies Wallace and Daly. They are trying to go beyond a cultural change by putting forward a practical framework they feel would go further. It would bring what Deputy Wallace has stated are changes with the studies, surveys or scientific approach that have brought a positive outcome internationally around mandatory open disclosure. The Department and the Minister have serious concerns about the legislation with amendments as currently proposed. When will this proposed legislation come about? Will the Minister outline some of the concerns submitted to the Minister and the Department? Before discussion of these amendments on Committee Stage, was there an intention to go further than voluntary open disclosure? Will the Government park the disclosure issue at the proposed amended position. It is important for us to know.

I take the Minister's word around voluntary open disclosure and he has said it is the appropriate position now but without future legislative proposals and a timeline for that, the matter is really being kicked to touch. I do not want to see that because a cultural change will not happen without a strong legislative framework to drive the process. It would be better for the patient, the health service and the health care profession to have open, honest and transparent disclosures of whatever an incident might be anyway. Leaving this parked as a voluntary process for the long term would not achieve the cultural change we all want to see in this House. I would like the Minister to answer those questions.

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