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

Marc MacSharry: Mr. McCallion said earlier that the audit is about to recommence.

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

Marc MacSharry: Will slides from that period be looked at?

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

Marc MacSharry: The whole governance area was raised as a problem. Has all of that been dealt with now? Does everybody know who is responsible for what?

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

Marc MacSharry: Have timelines been set?

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

Marc MacSharry: The Scally report refers to a compelling requirement on clinicians to disclose. Was the issue of reprisal against clinicians whether from the HSE, hospital management, the Minister or the Department, part of the issue with disclosure and, if so, how is it planned to address that?

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

Marc MacSharry: Someone could get shafted for promotion if he or she likes to openly disclose matters he or she feels may be a problem. Is there a fear of doing that because it might affect a person's promotional pathway or his or her standing with peers, colleagues, bosses, the Department or the Minister?

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

Marc MacSharry: That is all right. I was just going to conclude. I will come back in the afternoon.

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

Marc MacSharry: The State Claims Agency normally admits liability if there is liability.

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

Marc MacSharry: Will Mr. Breen repeat the percentage? He said an awful lot of cases were settled without an admission of liability.

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

Marc MacSharry: I have another way of refining the question. How many of the 30 individuals who are receiving payments, as well as the person who declined the payments approved in 1975, would pass the Swedish test?

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

Marc MacSharry: Is it the same test? Anecdotally - this could be totally wrong - around the bush fire there is a rumour, albeit unfounded, or it is suggested that whether someone got into the figure of 34 depended on from what side of the socioeconomic fence they had come in 1975 and that if they were less likely to be troublesome, for example, if they were not a barrister's son or first cousin, they were...

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

Marc MacSharry: I know that it sounds totally unscientific and it is but, rightly or wrongly, that is the perception of some.

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

Marc MacSharry: And are not acknowledged, they will receive no benefits. Earlier it was mentioned that there was some process for them when there was none. They receive nothing from anybody.

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

Marc MacSharry: Is it the same test? Are the assessment criteria used in 1975 equal to those used today or are they different?

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

Marc MacSharry: In fairness, there are nine in particular who are unacknowledged and who do not get any medical care or anything else. There is no pathway for them.

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

Marc MacSharry: The Chairman upset my train of thought before lunch when he wanted Deputy Catherine Murphy to contribute.

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

Marc MacSharry: It is not a problem. I lost track and went from one issue to the other. I want to go back to Mr. Breen. I did not particularly enjoy asking him a question about senior counsel and barristers on the thalidomide case. We established that they were Mr. McCullough SC, Mr. Healy SC and Mr. Seamus Breen BL. To provide clarity for everybody, did I understand Mr. CiarĂ¡n Breen correctly that...

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

Marc MacSharry: I do not want to get into-----

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

Marc MacSharry: Okay.

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

Marc MacSharry: There was an original panel done-----

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