Results 5,141-5,160 of 14,388 for speaker:Clare Daly

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 14:In page 21, line 27, to delete “placed the patient at risk” and substitute “the patient was placed at risk”.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 15:In page 21, lines 32 and 33, to delete “the health services provider has” and substitute “there are”.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 17:In page 22, line 22, to delete “where” and substitute “when”. I feel bad about the level of detail on these amendments. I know it is late and we have had a mad week but it is important. These sections are about apologies and they also are linked in with the mandatory point of view. It is clear from the definition of a patient safety...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The importance of apologies in terms of medical practice is reflected in the fact that many jurisdictions have apology laws that clarify that apologies by health practitioners do not constitute an admission of liability. I am conscious that as this legislation is developed, members cannot be ignorant of its background and the problems there have been in Ireland with health service providers....

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I do not want this debate to go around in circles. Obviously a sincere apology is better. The reason that a parent pursues the matter is due to an absence of an apology. If a child apologised, then there would be no need for him or her to be reprimanded. It is only by training and re-educating someone that one gets a system of a sincere apology. To put this in context, I am referring...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The Minister of State's confidence in the health service provider is obviously greater than mine.

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 18:In page 23, to delete line 14 and substitute “incident.”. I am beginning to lose my way with these amendments, which makes a great argument for pre-legislative scrutiny. This subject is a complex issue and in some ways philosophical. Deputy Wallace and I tabled these amendments because we felt that section 10 required a lot of amendment. Section 10...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The key point is that there is a difference between the apology and information gathered in an open disclosure. What we are proposing would not change any of that in that apologies are indemnified legally and no admission of liability or nothing we are doing would change that in that it could not be used against somebody. What the Bill does do, however, is provide that information gathered...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: That is part of the problem. The chilling effect of litigation has its paws all over the Bill, which is understandable, but we have to ask why is that. The State pays out millions of euro every year in legal damages against a backdrop where we do not have proper, mandatory open disclosure. That litigious legal nightmare is still going on and that is partly down to an absence of proper open...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: In Britain, the starting point, which is where we are coming from, is if something goes wrong and a patient is harmed, the health care provider has to own up, provide full information on the incident, say "Sorry", provide the patient with help, if needed, and outline what future inquiries will be dealt with to make sure it does not happen again. Liability is not mentioned. My experience of...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 19:In page 23, line 15, to delete "(b) shall" and substitute the following:"(2) An apology, when it is made at an open disclosure meeting in respect of a patient safety incident, shall".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 20:In page 23, to delete line 31 and substitute "safety incident.".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 21:In page 23, line 32, to delete “(c) shall” and substitute the following:"(3) Information provided, and an apology when it is made, to a patient or a relevant person (or both of them) by a health services provider at an open disclosure meeting in respect of a patient safety incident, or pursuant to the provisions specified in subsection (5), the statement...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 22:In page 24, to delete lines 25 to 28 and substitute the following:"(3) An apology, when it is made at an open disclosure meeting in respect of a patient safety incident is not, notwithstanding any other enactment, admissible as evidence of fault, professional misconduct, poor professional performance, unfitness to practise a health service, or other failure or...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 23:In page 25, line 25, to delete "any" and substitute "the".

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I move amendment No. 24:In page 25, line 35, to delete "may" and substitute "shall". This is a substantial grouping and I will deal with the amendments in mini-groups. Amendment No. 24 is the most important. This relates to the discussion we have just had and, therefore, I will not repeat the points raised. I will, however, strengthen some of them. The Bill proposes a voluntary open...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: I agree with that. The Minister of State says there is evidence that the culture is changing. We all want to go there, but the debate we are having is the best way to go there. Given where we are starting, mandatory reporting is absolutely the best way. There is no definitive evidence to say that voluntary reporting will work. Take the example I gave earlier of the parents with the...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: That is why there is a package-----

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: The disagreement - and it is not a hostile disagreement - and the difference lie in how we get to what is a shared, common goal in this regard. It would be more courageous if we were to decide to make it mandatory because, in many instances, the problem is not the original mistake but, rather, what the organisation does after that original mistake. It creates a climate that is not suitable...

Select Committee on Justice and Equality: Civil Liability (Amendment) Bill 2017: Committee Stage (29 Jun 2017)

Clare Daly: Yes.