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Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: No, actually I wrote to the Minister for Health and have raised it many times. I sent the current Minister a draft Bill, which I had produced myself, for the first time in September 2020 and he was to revert to me. This Bill is absolutely critical. We really have no choice as legislators but to bring this forward. It is really through the Department of Health, working with the Department...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: My second question is for Mr. Breen. I presume he remembers the famous letter he wrote to Mr. Stephen Brophy, principal officer of the clinical indemnity unit at the Department of Health on 6 November 2020. I will read it out. It states: Dear Stephen, The State Claims Agency will not raise any objection should a Claimant/Applicant at the CervicalCheck Tribunal, seek to sue the HSE as...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: That is not what I asked. It is Mr. Breen's letter I am reading by the way.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: That is not what I asked. I asked Mr. Breen if the agency has honoured that letter. It is not about the mediation either.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: Basically, the letter states that the State Claims Agency will not raise any objection should a claimant applicant at the CervicalCheck tribunal seek to sue the HSE as sole defendant. Has the agency honoured that?

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: In recent weeks, there has been a number of cases before the tribunal. Cases were taken where the State Claims Agency did consent. However, the laboratories did not consent. As a result, the State Claims Agency withdrew. Not only did it withdraw, but it challenged those women on statute, as being statute barred. This is despite the fact that the Minister had extended it twice. I flagged...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: The-----

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: I only have a certain amount of time.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: On 11 May 2018, the Taoiseach appeared on "RTÉ News: Six One" and stated that the women would not have to pursue the laboratories. I watched it live, and I saw what he said. I found what he said to be unbelievable. That this would be honoured had to drift through this letter, to the State Claims Agency. I believe that anybody reading this letter, and hearing what Mr. Breen has said,...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: Is Mr. Breen saying that it has never been in any defence that the agency would argue against statute?

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: This is a very interesting point. How many cases are there? Why are there so many cases at the moment? There is an 11-day court case currently ongoing. The main defendant is the laboratory, MedLab.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: It is pursuing everything. The State Claims Agency is kind of sideways involved. Is that right?

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: Mr. Breen can continue to say "Yes". That is fine and it might categorise the agency differently but it does not help the women. It does not deal with how the State said it would honourably deal with them. MedLab, or whatever laboratory it is as it is not just one, is going to pursue this so rigorously that the controls and the human aspect of the State will be withdrawn because the State...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: I understand that.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: The State should be more involved, given everything that has happened. Mediation is coming just before the cases. Mr. Breen's tabular report that will come to us will demonstrate that. We may have a disagreement on the following, which is fair enough, but Mr. Breen must take it back. I am just a public representative, but anybody looking at the spirit of this letter would say it is...

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: However, the Taoiseach of Ireland went on national television and said something quite the opposite of that.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: Was that an error? Was he wrong?

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: No, he did not correct it.

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: Mr. Breen's letter was the correction

Public Accounts Committee: 2021 Financial Statements of the State Claims Agency: Discussion
Chapter 20: Management of the Clinical Indemnity Scheme of the Report on the Accounts of Public Services 2021
(2 Mar 2023)

Alan Kelly: A different strategy is needed.

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