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

Pearse Doherty: The HSE was aware of the original-----

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

Pearse Doherty: But it was a co-defendant originally.

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

Pearse Doherty: Yes.

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

Pearse Doherty: Would it not have to serve papers? Would it not have to notify the parties that it is taking a case against them? Would it not have to notify the HSE and the lab that it is taking a case against them and then, as Mr. Breen said, the lab would say it would take it over completely? Would there not have to have been initial notification?

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

Pearse Doherty: So it indemnified the HSE.

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

Pearse Doherty: There must have been communication between the HSE and the lab on that case, if that is the case.

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

Pearse Doherty: Mr. Breen has just stated that the lab indemnified the HSE.

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

Pearse Doherty: How did it do that without notifying the HSE?

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

Pearse Doherty: I am obviously not a legal expert but it seems bizarre that a party would indemnify somebody else without telling that party.

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

Pearse Doherty: Mr. Breen is sure there was no contact between-----

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

Pearse Doherty: When did the State Claims Agency find out about this case?

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

Pearse Doherty: When was that?

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

Pearse Doherty: On the nine cases before the State Claims Agency and the one potential case, Mr. Breen mentioned that none of those cases is making the same arguments as the Vicky Phelan case which was the failure to disclose led to an adverse clinical outcome. It is still pursuing the HSE. Is that not the case?

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

Pearse Doherty: Is the HSE still named as a defendant?

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

Pearse Doherty: It lets the State Claims Agency out of it but the lab is going to foot the bill on this but it is still pursuing the HSE. On that issue, when the State Claims Agency says it will not mount a full defence, is it the case that it will defend the cases?

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

Pearse Doherty: What kind of defence will it mount?

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

Pearse Doherty: Where it does not indemnify the State Claims Agency, will it mount a full defence?

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

Pearse Doherty: I will read from the earlier statement from the State Claims Agency: "We have no intention of mounting a full defence in any case of this nature where responsibility is substantially or completely that of the State." However, the State Claims Agency is going to mount a defence against these nine individuals. Three of the nine are deceased but their partners are taking the cases against the HSE.

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

Pearse Doherty: Is that not akin to saying to these women that it is not the fault of the HSE but the fault of the laboratory and that they should pursue the laboratory? By operating as Pontius Pilate the agency is ensuring that there will be legal cases because the laboratory in America will pursue this. Is it not the case that these women were let down by the State? They were completely and utterly...

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

Pearse Doherty: The women did not go to the laboratory in America. They went for a service operated under the HSE and the HSE has failed them. The HSE should settle this. The State Claims Agency should do it. If the laboratory with which the HSE has a contract has failed the executive, then the executive should sue. Another question comes from evidence or testimony provided by Mr. John Gleeson, the...

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