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Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Is it true that an offer was made at 4 p.m. after the courts had closed, giving a deadline of 12 midnight for a response?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Was this 1 August?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: I think it was 31 July.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: That caused a difficulty because there were some people with mental capacity issues and a High Court judge had to be found.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: To somebody untrained such as me, it looks like sharp practice. Would that be a fair point?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Circumstantially, it put people in a very difficult position.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Was any attempt made at national level to contact German authorities and ask to add a week to that because of mental capacity issues, the availability of judges, the courts being closed over the weekend and so on?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: I know. Was any attempt made? Did Mr. Breen ring the Department and ask if anyone could intervene?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Would Mr. Breen say they were employing sharp practice?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: We just accepted their position and made our offer accordingly.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: It is unfortunate. It looks like sharp practice. I appreciate what Mr. Breen has said and take his word that that is how it played out, but it certainly put the victims in a very difficult position.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: As a State, we might have tried to intervene at a higher level and say that perhaps some time could be afforded rather than just accepting German law is their law.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: How much has the litigation cost the State so far?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: I understand. I am not looking for an itemised list of costs. Does Mr. Breen have a number for the cost so far?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: There are payouts, costs, legal costs, bills of costs and so on. Is it €5 million, €10 million or €100 million?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Mr. Breen means that the agency has not paid anybody but costs will be incurred.

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Who are the solicitors for the State?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Is it normal for the Chief State Solicitor's office to move away and for the business to be privatised?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: Is it an expertise deficit in the Chief State Solicitor's office?

Public Accounts Committee: Matters related to Medical Negligence, Open Disclosure, Cervical Cancer and Thalidomide Litigation (8 Nov 2018)

Marc MacSharry: In the view of the Comptroller and Auditor General, would it be more cost-effective if we had the relevant expertise in the Chief State Solicitor's office rather than going to the private sector?

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