Results 9,221-9,240 of 14,388 for speaker:Clare Daly

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 6:In page 11, line 8, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 7:In page 11, line 9, to delete "subsection (1)" and substitute "subsections (1) and (2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 9:In page 11, line 14, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 10:In page 11, line 15, to delete "subsection (1)" and substitute "subsections (1) and (2)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 11:In page 11, line 37, to delete "index" and substitute "indices".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 12:In page 11, line 37, to delete "subsection (4)" and substitute "subsections (3) and (4)".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 13:In page 21, line 26, to delete "the health services provider has" and substitute "there are". The group of amendments to section 8 aim to take the power to judge whether a patient was placed at risk or could have been injured out of the hands of the health service provider alone. It would not be out of its hands exclusively but alone. It is important to say that in...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I agree that patient safety incidents are not just where actual harm has occurred but include where it could have occurred but for a timely intervention. Our amendments do not change that. We are providing that these incidents will be covered by the open disclosure policy. None of that changes if these amendments are accepted. It is necessary to have reasonable grounds. Obviously if...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I do not want to go around in circles. We will press the amendments given the low starting point. I fully accept what the Minister of State says that in many cases only the service provider will know and patients will not even know that there was a near miss. That goes without saying. I am talking about the small minority of cases where the patient knows or someone in their family...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 14:In page 21, line 27, to delete “placed the patient at risk” and substitute “the patient was placed at risk”.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 15:In page 21, lines 32 and 33, to delete “the health services provider has” and substitute “there are”.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 17:In page 22, line 22, to delete “where” and substitute “when”. I feel bad about the level of detail on these amendments. I know it is late and we have had a mad week but it is important. These sections are about apologies and they also are linked in with the mandatory point of view. It is clear from the definition of a patient safety...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The importance of apologies in terms of medical practice is reflected in the fact that many jurisdictions have apology laws that clarify that apologies by health practitioners do not constitute an admission of liability. I am conscious that as this legislation is developed, members cannot be ignorant of its background and the problems there have been in Ireland with health service providers....

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I do not want this debate to go around in circles. Obviously a sincere apology is better. The reason that a parent pursues the matter is due to an absence of an apology. If a child apologised, then there would be no need for him or her to be reprimanded. It is only by training and re-educating someone that one gets a system of a sincere apology. To put this in context, I am referring...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The Minister of State's confidence in the health service provider is obviously greater than mine.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 18:In page 23, to delete line 14 and substitute “incident.”. I am beginning to lose my way with these amendments, which makes a great argument for pre-legislative scrutiny. This subject is a complex issue and in some ways philosophical. Deputy Wallace and I tabled these amendments because we felt that section 10 required a lot of amendment. Section 10...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The key point is that there is a difference between the apology and information gathered in an open disclosure. What we are proposing would not change any of that in that apologies are indemnified legally and no admission of liability or nothing we are doing would change that in that it could not be used against somebody. What the Bill does do, however, is provide that information gathered...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: That is part of the problem. The chilling effect of litigation has its paws all over the Bill, which is understandable, but we have to ask why is that. The State pays out millions of euro every year in legal damages against a backdrop where we do not have proper, mandatory open disclosure. That litigious legal nightmare is still going on and that is partly down to an absence of proper open...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: In Britain, the starting point, which is where we are coming from, is if something goes wrong and a patient is harmed, the health care provider has to own up, provide full information on the incident, say "Sorry", provide the patient with help, if needed, and outline what future inquiries will be dealt with to make sure it does not happen again. Liability is not mentioned. My experience of...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 19:In page 23, line 15, to delete "(b) shall" and substitute the following:"(2) An apology, when it is made at an open disclosure meeting in respect of a patient safety incident, shall".