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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: We are now dealing with the State Claims Agency and its handling of claims made against the State. I welcome Mr. CiarĂ¡n Breen, director, and Ms Jenny Foley, senior clinical claims manager, from the State Claims Agency. I wish to advise the witnesses that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Briefly.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: That is fine. Mr. Breen, who are you answerable to?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Have you a board?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Who is on that strategy committee?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: What strategy do they deal with? Are they familiar with the cases coming up? Did you advise them in the context of the type of cases being run at that particular time?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: How often do you meet this strategy committee?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: At no stage were the committee members aware of what was about to emerge. Is that accurate?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: So even though the Department of Finance and the Department of Public Expenditure and Reform are on that strategy group, there was still no reason for the agency to explain to them at the point it learned about it. When were they informed?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Ever?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: So they were never informed and the patient in this case was not informed. What is the procedure when an incident of some sort occurs in the HSE? Is the agency informed directly or is the HSE informed and then it, in turn, informs the agency?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Is that the SBAR communication tool?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: I refer to what is on the agency's website.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Which is what this is.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: The point I am making is that there is, within the HSE, a system by which incidents of this kind are reported.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: This was never reported anywhere within the HSE either, or was it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: How much would the clinical risk adviser within the HSE who covers the clinical indemnity scheme have known?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Why?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: Because a hospital or nobody else told them.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

John McGuinness: CervicalCheck did not tell the communications system within the HSE. Mr. Breen did not tell the strategy board, but it did not tell him either. This was a failure of a number of different agencies within the State. In most of the commentary today there is talk about the 98% of clinical negligence cases that are settled without the necessity for a contested court hearing. That is not all...

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