Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

We should not be here discussing this. That is how bad society is that we cannot take it as a given that when somebody, whether a clinician, a medic or even a company, discovers an error or misreading of such a vital test as a cervical smear test that they would immediately inform the patient. That there was an immediacy about that. The problem as we know far too well, and some people know to their detriment, is that there have been failures in the system not just here but abroad when we relied on public or private companies but even moreso when we relied on private companies and outsourced the smear test analytics, especially to companies that had been found guilty of fraud in the past. Back in 2008 I had the argument with the then Minister for Health, Mary Harney, opposing the outsourcing and the undermining of public laboratories in this city, and how that very move would undermine our ability to ensure testing would be carried out at the highest possible level. What was worse at the time was that the company that was granted the contract at the time, Quest, had paid out and was to pay out after that quite substantial amounts in a variety of fraud cases that it faced in America, some of which were because it defrauded the American State itself. Mar atá sé ráite ag daoine eile romham, níl fadhb againn leis an mBille seo nó leis na leasuithe. Táimid ag caint faoi bhfadhb bunúsach, sé sin an dualgas a bheith oscailte, agus nach bhfuil sé seo ar fáil sa Bhille. Mar a dúirt mé ansin, níor chóir go mbeadh muid ag déileáil le seo nó go mbeadh muid ag plé rud a ghlactar leis gur chóir a bheith uathoibríoch. It should be automatic that when an error is spotted in a medical procedure, it is immediately notified and, in particular, notified to the patient. That is what we are talking about. That is who we are talking about in the first instance. As others mentioned, self-regulation does not work. It has not worked.

We were here last night talking about self-regulation in the construction industry and we have seen the cost that has led to for the State. It is not the same cost as in this case, where it can be fatal, or while construction defects can also be fatal, these issues can be fatal very quickly. Patients need to know as quickly as possible what medical care they need, whether they need a new test, whether they need a course of medication and if that medication addresses the cancer. We are always told that the earlier a cancer is identified, the greater the chances are. If there is any delay or any hiding of results or mistakes in tests, as would be the case given the Minister is adamant about an anonymous programme audit, that could make the issue worse because we would not identify where the errors are, or we might identify errors but not the person who was the subject of the error.

As I said, the information should be immediate. We should expect nothing less, given what Dr. Gabriel Scally’s report, the survivors and those who are no longer with us outlined as they watched this issue unfold over recent years.

Mar a dúirt mé ag an tús, caithfidh an dualgas a bheith orthu siúd atá ag obair sna labs ar fad thar lear, agus fiú amháin orthu siúd atá ag obair anseo in Éirinn sna hoifigí leis na comhlachtaí atá ag próiseáil na dtrialacha nó na dtorthaí sin. Is orainn ar fad a bheith oscailte nuair atá botúin déanta. Tá níos mó measa ag daoine orainn nuair a dhéanaimid é sin agus sa chás seo is é an rud atá á dhéanamh ná an rún diamhair nó an rún féin a chothú sa phróiseas atá leagtha amach anseo, i dtreo is nach mbeidh muinín ag daoine sa chóras atá os ár gcomhair. Beidh botúin eile ann, beidh míchruinneas, agus b'fhéidir go mbeidh mná ag casadh ó na trialacha seo a fháil toisc nach bhfuil muinín acu iontu.

One of the key things we need to ensure is that those who are going for cervical smear tests have confidence and if there is anything that will undermine that confidence, we need to address it. I believe that, without the duty of candour, the proposal before us will undermine the confidence of women who are going for these tests. We need to address that and make sure they have full confidence that where errors, mistakes or missed readings are identified, they will be informed straightaway. If there is any doubt of that, or if that does not happen, confidence erodes and the whole system based around cervical smear tests begins to erode and fail.

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