Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

It has to be said that the experience for patients in working through professional bodies has not been good. In terms of adverse incidents, generally speaking the HSE is the body named, as well as the hospital and individual. Allowing a person the opportunity to make a complaint about clinical judgment to the HSE does not preclude a person from making a similar complaint to a professional body.

The legislation is very clear. A person is not entitled to make a complaint about certain matters, the stand out of which is a matter relating solely to the exercise of clinical judgment by a person acting on behalf of the executive or a service provider. That is an outrageous situation. A person cannot make a complaint about clinical judgment. In many cases, adverse incidents cover the whole question of clinical judgment. We have to remove that section of the 2004 Act. Dr. Scally has called for this and it has been talked about for a very long time. It is important that the Minister's hand is strengthened in regard to this by people expressing their concern about the current situation. The Minister also needs to be pressed on this because there will be many excuses provided to him for not doing this in a timely manner, within the next year or two while he is still in office. This is a matter that has to be pressed and I intend to do that in order to underline its importance.

See this speech in context