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

Marc MacSharry: It does not.

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

Marc MacSharry: Frankly, it is scandalous that the State Claims Agency does not do so because it has a duty of care to the taxpayer, like any of us. When there is an instance, particularly if there is ambiguity between a breach of duty or the other issues mentioned, it is vitally important that whatever consultant, administrator, doctor, nurse or orderly is involved be monitored in order that there is a...

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

Marc MacSharry: Okay.

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

Marc MacSharry: That is the problem. That is what we have learned today. We are so far into the crisis and nobody is on a verbal warning or a written warning, subject to suspension or anything else because nobody seems to have any sanction available. Not even the public, it seems, has a sanction. That is the crux of the problem. I ask the witness present from the HSE who is in a position to answer if...

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

Marc MacSharry: Therefore, is it fair to say there is a process of learning but no sanction.

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

Marc MacSharry: I am sorry; I know that I am taking up the time of others, but I want to tease out this issue. If a physician or a person in whatever role he or she has is associated with a case in which there is no admission of liability, is that person monitored and supervised for a period to ensure everything is correct?

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

Marc MacSharry: Let us take a case as an example. There was the case of Dr. A which was being pursued. I am sure Mr. Woods is familiar with it as it was all over the media at the time. I think it involved the hospital in Clonmel. I have reason to believe Dr. A may have been involved in other cases previously without an admission of liability. Before he moved from the particular hospital to the one where...

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

Marc MacSharry: Will Mr. Woods provide for the Committee of Public Accounts the process followed - I hope there is one - when the State Claims Agency rings the HSE to state it has paid out in a case without an admission of liability. Will he outline the process in order that we can consider it? What would be even more helpful - if he feels the needs to take out the names, so be it - is if he could cite as...

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

Marc MacSharry: I thank the Acting Chairman and apologise for taking up so much time.

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

Marc MacSharry: With regard to Deputy Farrell's proposal, will we invite a member of the Medical Council as part of the grouping to be invited in on either Tuesday or Thursday of next week?

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

Marc MacSharry: We will add the head of HR and a representative from the Medical Council in that regard.

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

Marc MacSharry: In his report in 2012, the Comptroller and Auditor General suggested that the SCA cease the practice of allowing a 20% comfort in payments. Why has the agency not done that? Was he wrong?

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

Marc MacSharry: I know that but the agency has still not done as he asked.

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

Marc MacSharry: No.

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

Marc MacSharry: Deputy Cullinane is out of time but I will give him a few more minutes to conclude.

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

Marc MacSharry: We need to move on. I ask Mr. Breen to give a quick answer to that.

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

Marc MacSharry: Can you provide the communications themselves rather than just the dates of same?

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

Marc MacSharry: Not the dates of the interaction-----

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

Marc MacSharry: The detail of the interactions as well as the dates.

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

Marc MacSharry: If it is emails or letters-----

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