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Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: No, Mr. O'Brien has given his answer. If one of his senior team came to him to say he wanted to be a director of X, I would say his answer would be "No". Frankly, I think the Minister showed an appalling lack of judgment in giving his permission. Since this crisis began, how many HSE staff have been disciplined, suspended or put on notice of verbal or written warnings?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: None. Okay. Nobody is being held accountable. This is a problem for me. I will finish on this thread if I can. I want to put on the record a communication that was received by Dr. Keith Swanick, who is also a Member of the Oireachtas, from one of his colleagues. It reads:How can you and your colleagues stand over the cervical controversy. We are inundated with requests for smears with...

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: I ask the Deputy to be quick.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: We do not have the time to get into the detail of the entire tender process.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Do it very briefly.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: The Punch and Judy can stop. Thank you for your time this morning. Can I ask for a clarification for the second session? Who is your deputy to whom we can pose questions and who can answer authoritatively on behalf of the organisation?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: So nobody can speak on your behalf or on behalf of the entire organisation.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Thank you for your time today. I hope you will reflect throughout the day on the contributions that were made. They were not personal but at the same time were very valid. I also thank Mr. McCallion. We will suspend the meeting for a convenience break.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Of the people who remain from the HSE, is there anyone qualified to talk about service level agreements?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Are signed service level agreements in place with the laboratories in America?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Would there be service level agreements with those laboratories?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Can anyone present shed further light on that?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Including reporting and communication and so on.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Is anyone here familiar with the contract with the laboratories?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: I have a list of questions for Mr. Breen on that matter, but I am asking if there is anyone from the HSE who is familiar with the contract.

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: I have specific questions for Mr. Breen on the same issue. I attended the finance committee as a guest and had the benefit of questioning Mr. Breen on this. I asked at that meeting, albeit it was unorthodox, that he would familiarise himself with the service level agreement which I assumed was in place, but I appreciate people are saying it might be a contract. Did Mr. Breen have an...

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: I appreciate that this is not Mr. Breen's end of the spectrum, but did the contract detail, as a service level agreement under section 38 or 39 would, a specific contact person in the HSE, CervicalCheck or whichever body the first party to the contract was?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: Is there anybody here from the HSE with authority over CervicalCheck? I ask those senior personnel who remain from the HSE make contact with CervicalCheck and ask that the contract be made available to the Committee of Public Accounts, if necessary on a confidential basis, but ideally on a public basis, so that we can examine a number of issues related to value for money, reporting,...

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: It would be indemnity in terms of the individual patient but not to the State in the way I have outlined. Is that Mr. Breen's reading of it so far?

Public Accounts Committee: State Claims, Management of Legal Costs and Policy on Open Disclosure
Implications of CervicalCheck Revelations
2016 Financial Statements of the State Claims Agency
2016 Financial Statements of the HSE
(10 May 2018)

Marc MacSharry: In the absence of that, in his legal opinion in his role in the State Claims Agency, does Mr. Breen consider that we have any recourse regardless of whether it was mentioned to recover the costs of this crisis from this laboratory or these laboratories?

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