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Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I wish to put a question to Mr. Corrigan. Representatives from the troika were here several times and I imagine Mr. Corrigan met them. Now, it appears to be illegal for the State to try to get a competitive annual rate for legal services from a barrister. This was one of the protected professions which escaped the troika for three years. It looks as if since they got out of the clutches...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: The legal profession talked them out of it.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: In many cases liability is admitted. The injuries board is a separate organisation. The chairperson of the injuries board made a remark that if an organisation like the injuries board took over these cases it would save the State a good deal of money rather than the agency doing that work. She stated that one of the reasons for this was that the board deals with cases in 7.2 months whereas...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: To return to the clinical cases, the Comptroller and Auditor General said he was concerned about how long it was taking to deal with cases. The lifetime of each claim was measured from the date it is recorded on the State Claims Agency's computer. Is that the date the agency was made aware of the adverse finding or what date is it?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: A legal claim?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Will Mr. Breen please repeat that? The date of resolution is which date?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: So it is the final completion, after admitting liability or earlier?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Would the agency have paid out the award in the meantime?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: When we look at the chart on page 2 of the Comptroller and Auditor General's report, it shows the paediatric cases since 2008 have stretched from an average period of just over three years to well over five years, mental health issue cases have gone from two years to five years and gynaecological claims have gone the same way. The figures on the chart are going in the wrong direction.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Mr. Breen has said that only 3% of claims go to court so that should not affect this so much. What about the 97% of cases? I would like to separate the cases that go to court versus those that do not. Only 3% go to court, so let us talk about the 97%. I am sure the chart on page 2 includes the 97% and is primarily based on them. Therefore, the issue of court dates should not apply to the...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: These cases are still taking a very long time, without court appearances.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I would have said that should be part of the agency's risk management process. It should have a role in shortening the length of time the system takes to deal with a case. The HSE sends X-rays abroad to be read routinely. It sends them to America, for example, from several counties.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Why then does Mr. Breen say there are only three available?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I will make a few other general remarks. At 1 January 2011, the agency's outstanding liability was €999,000 million and now it is €1.2 billion. The estimated liability has gone up 36% in the past three years. Mr. Breen has said that the agency's main objective is to ensure the expenses relating to the management of cases are contained. Another objective is to work with the...

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: It is increasing.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I am looking at the figures.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Some people feel these are only notional savings, because they see the bill rising all the time. I accept that theoretically the agency paid less than it might have paid, but that was not an actual saving.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: Was the agency admitting liability?

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I thank Mr. Breen.

Public Accounts Committee: 2012 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 2 - Government Debt
Chapter 28 - Accounts of the National Treasury Management Agency
Chapter 29 - Clinical Indemnity Scheme
2012 Annual Report and Accounts - National Pensions Reserve Fund
(13 Feb 2014)

Seán Fleming: I understand the last part of what Mr. Breen has said. I was struck by one part of this case - which is a prominent case and one with which Mr. Breen is very familiar. Dylan was born in 2007 but Mr. Breen said the State Claims Agency received the summons on 26 October 2010, three years later. When did the State Claims Agency become aware of this case and its adverse medical situation? Is...

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