Results 12,841-12,860 of 26,032 for speaker:Kieran O'Donnell

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

Kieran O'Donnell: Mr. Breen, that is great. However, actions speak louder than words. Mr. Breen could have advised the State to accept liability. Both the State Claims Agency and CPL could have come together. However, no offer was made to Vicky Phelan prior to the court case.

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

Kieran O'Donnell: The settlement was based on an incorrect reading of the smear test on day one by the laboratory in the US. It was not about non-disclosure.

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

Kieran O'Donnell: That is the key point I want to make. This needs to come out. When Vicky Phelan brought this court case, there were two defendants, CPL and the HSE. The State Claims Agency was advising the HSE. As the senior officer, Mr. Breen was responsible for this advice. If disclosure had been made back in 2014, Vicky Phelan would be in a different position today. That is the key point here. The...

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

Kieran O'Donnell: Did the State Claims Agency discuss with CPL about coming up with an offer? Why was no offer made jointly by the HSE and CPL to Vicky Phelan?

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

Kieran O'Donnell: Not for non-disclosure.

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

Kieran O'Donnell: One final point, the State Claims Agency has ten cases before it. The Taoiseach, through the Attorney General, has gone directly to Mr. Breen to ask that they would look at dealing with these cases on a more compassionate basis than what happened with Vicky Phelan. Has the agency taken that on board? Of those ten cases, are any of the women deceased? If Mr. Breen had Vicky Phelan's case...

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

Kieran O'Donnell: Of the ten, how many have died?

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

Kieran O'Donnell: Three of the ten women are deceased. I thank Mr. Breen.

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

Kieran O'Donnell: I wish to go back to the agreements. With whom is the contract of CPL, the laboratory in the US, and the other laboratories? Is it with the women who get the smear tests or with the HSE?

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

Kieran O'Donnell: The customer is the HSE, not the individual woman. Going back to the agreement, if the service is being provided, why is the case not taken by the woman against the HSE, which is subcontracting out a service to CPL? Has Mr. Breen had an opportunity to go back and read the contracts between CPL and the HSE and other providers?

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

Kieran O'Donnell: The HSE has subcontracted cervical screening out to a lab in America but the actual agreement is between the woman and CervicalCheck for the smear test. Therefore, why is she not entitled to take her case against the HSE and CervicalCheck?

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

Kieran O'Donnell: As such, it is not really to do with tort law. It is to do with the actual contract that was put in place by CervicalCheck and the HSE with the American laboratory.

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

Kieran O'Donnell: No, it is-----

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

Kieran O'Donnell: No. The HSE, CervicalCheck and the State Claims Agency are saying that they would never take a woman into court. They would not look for a gagging clause. The problem is that it has been subcontracted. I suspect that within the original contract that was signed by the CervicalCheck and the HSE with the American laboratory, they subcontracted the legal responsibility for the smear as well....

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

Kieran O'Donnell: Sorry, there was a particular question. Does Mr. Breen believe, given what is happening and the current legal construct, that these women will end up having gagging clauses imposed and will be dragged to a court by these companies?

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

Kieran O'Donnell: In the context, I asked because I want to know, based on the current legal situation, what changes need to be made, in Mr. Breen's professional opinion. What needs to be done to ensure that these women will not be dragged into court?

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

Kieran O'Donnell: Do changes need to be made through legislation?

Seanad: Order of Business (3 May 2018)

Kieran O'Donnell: I want to speak on two things. The House will debate the matter of cervical screening later. Vicky Phelan is a neighbour of mine. I know her well. Tony O'Brien, head of the HSE, stated yesterday that what is happening is a personal blow. For me, a personal blow must come with personal responsibility. It is extraordinary that someone who heads up an organisation of this size is not...

Seanad: Order of Business (3 May 2018)

Kieran O'Donnell: I know. I am passing a general comment.

Seanad: Order of Business (3 May 2018)

Kieran O'Donnell: It is akin to the manager of a soccer team whose players do not perform saying that it is a personal blow to him that they did not perform but that he has no responsibility for their performance on the playing field. This is a scandal of an unimaginable magnitude for the women involved, brave women such as Vicky Phelan. Earlier, someone wondered whether this matter would be in the public...