Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

These are not optional and one may be struck off for not following them. Open disclosure has been policy for all HSE staff since 2013. The Deputy is incorrect in that we commit to two actions in the programme for Government. The first is to legislate for voluntary open disclosure in all cases and the second is to legislate for mandatory open disclosure in cases of a serious reportable event. We did the first one in the Civil Liability (Amendment) Act 2017, which supports voluntary open disclosure and puts it on a statutory footing. The legislation was passed last year in this House and it will be commenced in the coming months. We will do the second action in the patient safety Bill, as the Minister committed to last year and we committed to in the programme for Government. That action is to legislate for mandatory disclosure in those serious incidents.

Turning to my own role - I do want to answer this - I did make a decision to make a voluntary open disclosure before a mandatory open disclosure. I made that decision having taken advice from the Chief Medical Officer and my Department which had listened to all stakeholders and heard their views. The all-party committee also considered this matter last year and recommended that approach in its published report - going for voluntary open disclosure first and then mandatory open disclosure. There was a Dáil vote on the matter.

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