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Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: I was only giving it as an example. It is not because I am from Sligo. It is because it was in the news lately.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: Supports and protocol for supervision and monitoring for a period are two different things. A clinical director is unlikely to ring a colleague who he plays golf with on a Saturday saying: "Listen John, I know you were associated with that case where there was a settlement without admission of liability and here is what I think we need to do with you." I think that is unlikely to happen and...

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: The question is, and perhaps somebody can ask this to the State Claims Agency, with regard to the 50% of cases that are settled without admission of liability in the past 12 months, could we get an outline of what protocol was engaged in terms of supervision, monitoring, retraining and whatever, if necessary? Dr. McKenna wanted to add something.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: When Mr. McKenna refers to nobody taking an action against an individual, does he mean a legal action?

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: Is Dr. McKenna saying he is not aware of any monitoring supervision or retraining for any relevant personnel associated with cases he is familiar with on the gynaecological side?

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: I suggest we are learning a big lesson here, which is that settlement without admission of liability seems to constitute a financial out for the State but it may not represent best practice in terms of avoiding a repetition of the same instance. I have no medical training. From a common sense perspective, we need a policy on it and a demonstrative thing that without admission of liability...

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: I am not finished yet.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: Ms Mannion will not be able to do it on her own.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: There will need to be an holistic approach with all the boxes joined. I am sure it will be resisted by clinicians but for their own protection and for that of the patients, we should put the patients at the centre rather than the limitation of the financial settlement.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: It would be good practice. I know it is completely different but if a bank employee is in an armed robbery he or she goes through essential counselling. If I am associated with something that did not work out that well, it is reasonable that there would be appropriate action. I have a couple more questions. It has been an awful long day for the witnesses and I do not want to delay them...

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: In fairness to the State and the people, this is all costing a lot of money. The witnesses are here all day today and all week in various committees and will be again I am sure. There is also the issue of the cost of redress, Dr. Scally and the commission of investigation. We are looking at big money. I would like to see if there is a potential case for us to pursue because if there is...

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: I am nearly there. To conclude, private citizens are not compelled to come here. They may not want to be but I think we would be abdicating our responsibility if we did not extend an invitation to the former head of CervicalCheck to come before us. I thank everybody for what has been a very long day.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: There should be follow-up training. If one has been associated, albeit without liability, there should be a mandatory programme one must go through.

Public Accounts Committee: Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(17 May 2018)

Marc MacSharry: I thank Mr. Connaghan and extend best wishes to him in his role.

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: I welcome Cian, Vicky and Stephen and thank you for taking the time to be here. The first thing I want to say, on a personal level-----

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: I will communicate it to the Whip and I know others have done the same, so I am staying.

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: I have been in the Oireachtas since 2002. I am ashamed that, as the body that is supposed to hold all of these organisations to account, we have all spectacularly failed you, and for that I am personally sorry. I have two questions, one for each, although you covered it, Stephen. Normally, we call people "Mister" and so on in here but if you do not mind, we can be more informal. Given the...

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: It would be good if you could return to that question.

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: It had been suggested to me by GPs that no matter where the examinations were done by MedLab, that they were getting results back that were signed by an Irish-registered pathologist. I wondered if, in the course of Mr. O'Carroll's investigations in Vicky's case, it had emerged that one of her tests had been done in this subcontracted laboratory. If this was the case, was it still signed off...

Public Accounts Committee: Management of Legal Costs and Policy on Open Disclosure (Resumed)
Implications of CervicalCheck Revelations (Resumed)
2016 Financial Statements of the State Claims Agency (Resumed)
2016 Financial Statements of the HSE (Resumed)
(16 May 2018)

Marc MacSharry: Was that also MedLab?

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