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- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: How often do you meet this strategy committee?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: At no stage were the committee members aware of what was about to emerge. Is that accurate?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: So even though the Department of Finance and the Department of Public Expenditure and Reform are on that strategy group, there was still no reason for the agency to explain to them at the point it learned about it. When were they informed?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Ever?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: So they were never informed and the patient in this case was not informed. What is the procedure when an incident of some sort occurs in the HSE? Is the agency informed directly or is the HSE informed and then it, in turn, informs the agency?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Is that the SBAR communication tool?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: I refer to what is on the agency's website.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Which is what this is.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: The point I am making is that there is, within the HSE, a system by which incidents of this kind are reported.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: This was never reported anywhere within the HSE either, or was it?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: How much would the clinical risk adviser within the HSE who covers the clinical indemnity scheme have known?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Why?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Because a hospital or nobody else told them.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: CervicalCheck did not tell the communications system within the HSE. Mr. Breen did not tell the strategy board, but it did not tell him either. This was a failure of a number of different agencies within the State. In most of the commentary today there is talk about the 98% of clinical negligence cases that are settled without the necessity for a contested court hearing. That is not all...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Yes. The person bringing the claim has to get medical evidence from the UK because no one will do it here as they are minding one another. Then he or she might have to get external legal representation because it is a specialised area and cases drag on for years. Then it is up to the agency to either go to court, settle or mediate. In the course of mediation and settlement, which are two...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: I am not leading Mr. Breen anywhere.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: So senior people within the HSE and within the State Claims Agency are aware of cases but before a case gets to that stage everyone seems to be unaware of what is going on. That is the point. All due attention is given after the summons is served but prior to that, for example in asking for information from the HSE, not all the files are provided. In fact, I heard a solicitor say on the...
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: When did the agency submit that pre-action protocol?
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: It was drawn up in 2011 or 2012 but it still has not been brought into play.
- Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)
John McGuinness: Deputy Boyd Barrett is next.