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Order of Business (8 May 2018)

Richard Boyd Barrett: Yes, but there are certain facts that should be in the public domain now because Mr. Tony O'Brien told us he would give them to us.

Order of Business (8 May 2018)

Richard Boyd Barrett: He has not given them to us and that is why we want a debate.

Order of Business (8 May 2018)

Richard Boyd Barrett: I am not happy with the Order because these questions are not being answered.

Order of Business (8 May 2018)

Richard Boyd Barrett: Whatever about the technical judgment and whether this issue can be raised by way of an amendment, we object to it and we expressed dissatisfaction with the decisions that were made following the meeting last week of different parties. Our delegate, Deputy Bríd Smith, indicated that she was unhappy that the course that was proposed to deal with cervical-----

Order of Business (8 May 2018)

Richard Boyd Barrett: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: I thank Mr. Breen and Ms Foley for being here today. Do all of the cases of women who had false negative results and who subsequently developed cancer - the nine cases pending and the one which the agency understands has yet to be filed - involve CPL?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: The American laboratory. The people who demanded a gagging order for Vicky Phelan-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: Are both of those laboratories American?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: All the cases of misreading that have resulted in women learning that abnormalities should have been discovered and who subsequently developed cancer, of which the State Claims Agency has knowledge, involve American laboratories. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: There were no other cases settled by the agency other than those nine and Vicky Phelan's case. Is that right?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: That is a very damning fact which should have come out before now and it says it all. There are no cases involving the Coombe Hospital.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: The Coombe hospital. We have been informed by the Government-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: I am.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: Is there another group?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: I am trying to get clarification on something. This is not the agency's direct concern but one of the big issues at stake here is whether there were differences in the detection rates of the outsourced American laboratories and the Irish laboratories that were testing the samples, as warned about by Sam Coulter Smith and the quality assurance people in the HSE who resigned in 2008. What Mr....

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: None of them is from the Coombe.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: That is the big news here and it says it all, frankly. The warnings issued in 2008 have proven to be correct. That is quite stunning but it has taken us until now to get to that truth. We could not get that information last week or in the Dáil today. We have to have scoping exercises and all sorts of hullabaloo but actually, we just needed to know whether the issue was with the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: Does Mr. Breen know of any other cases where gagging orders have been sought?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: Okay, it was just CPL that was looking for a gagging order. Mr. Breen is asserting that under no circumstances would the State Claims Agency seek a gagging order in a case like this involving medical malpractice or clinical error. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Richard Boyd Barrett: If the Coombe had made a mistake - which very tellingly it has not - and was being sued, would that change the likelihood of a gagging order being sought? Would the situation be different if a case involved the Coombe and a domestic laboratory that is part of the health service here?

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