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Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I will not talk the Minister through the amendment as it is has been ruled out of order, unfortunately. I do not see why. I cannot see how the amendment would have incurred a cost to the Exchequer to the point that it was ruled out of order but that is not for the Minister and I to have a discussion on. I will speak very briefly to this point in the section and on what I was seeking to...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: Yes. It is the same point.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: No, sorry. Amendment No. 5 is different. I will come back to that.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I move amendment No. 5: In page 12, between lines 33 and 34, to insert the following: “(2) A health services provider shall make every effort to ensure that the patient and relevant person are informed as to the potential for engaging and sourcing a patient advocate and, where an advocate is chosen by the patient and/or relevant person, the advocate is included throughout the...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I want to respond to some of the Minister's points. First on the patient advocacy service, yes, it is a service that is available. As Deputy Shortall rightly said, it is under-resourced. It does not apply to private nursing homes. I accept the Minister's bona fides that he will engage with the patient advocacy service in the context of the passage of this Bill and will look at resourcing...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I wish to make another point, because this is an important discussion on accountability and we probably will not get a chance to discuss those issues again in this Bill. I realise we are talking about accountability in respect of mandatory open disclosure, but I will outline my experience of the HSE. When the Minister was in the Opposition and on this committee, he had to deal with a lot of...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I can wait until then.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I agree with the Minister that it is beyond the scope of this Bill and is a much broader issue. Deputy Shortall spent much time at that meeting with Kerry CAMHS trying to work through the maze of the different management layers to find out who was accountable for what. Her presentation of the responses we got back is accurate. It was impossible for us to work out who was responsible. It...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I move amendment No. 25: In page 38, to delete lines 20 to 23 and substitute the following: “ “Incident management system” means a system established for the purpose of the reporting, of an adverse incident which may be prescribed from time to time by the Minister in accordance with section 52.”. I was seeking to assist the Minister by tabling these...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: The unintended consequences the Minister mentioned are, obviously, issues we do not want to see happen. I thank him for pointing them out and thank his officials for having studied the amendments. More broadly, NIMS is very important and will continue to be important once the Bill passes and becomes operational. The Minister mentioned the HIQA report of last year. In constructing the Bill...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: Who was to meet?

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: A note would be useful. However, this is more about the Minister's acceptance that HIQA has flagged concerns relating to NIMS. The other stakeholders on the multi-stakeholder group may also have concerns. It would be useful for the committee to get a note on what, if any, concerns the group has. I understand it has concerns. The issue then is what action will be taken to address those...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: On that basis, I will withdraw the amendment.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I move amendment No. 27: In page 38, line 30, to delete “7 days” and substitute “3 days”. These amendments all do exactly the same thing, that is, reduce from seven to three days the timeframe within which a provider must notify HIQA or the Mental Health Commission that a notifiable incident has occurred. I understand the standard practice across HIQA for...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: We discussed patient safety advocates and representatives, including issues around the Independent Patient Safety Council. Many patient advocates have their own views about the council, which include the view that it does not work. I will park that for one second. This is an area that should also be kept under review. When we agreed mechanisms and a review of the operation of the Act, we...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: That is fair enough. I will withdraw the amendment.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I move amendment No. 46: In page 55, line 1, to delete “or 29” and substitute “,29or 30”. I will first withdraw amendment No. 46 because it is a technical amendment and some of the issues were discussed earlier. Amendment No. 47 provides that HIQA may be the prosecuting body under the Act for the provisions that relate to it. As the Minister will be aware,...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I ask the Minister to clarify whether it is only the Garda Síochána that can prosecute under the Act.

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I have a concern about that. It is not that I do not believe An Garda Síochána should carry out such prosecutions. Rather, my concern is that some of the incidents may not be a priority for the Garda. In terms of scale, some incidents will be more serious than others. I believe a better, more effective and more efficient way to do it would be for HIQA and other bodies to also...

Select Committee on Health: Patient Safety (Notifiable Patient Safety Incidents) Bill 2019: Committee Stage (10 Mar 2022)

David Cullinane: I move amendment No. 47: In page 55, between lines 17 and 18, to insert the following: “Proceedings for Offences 50.Summary proceedings for an offence under this Act may be brought and prosecuted— (a) where a person contravenes section 27, 28, 29, or 30, by the Authority, (b) in any other case, by the appropriate body which may be prescribed by the Minister for time to...

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