Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I am very pleased to begin this afternoon’s proceedings with a group of amendments that provide the statutory basis for the introduction of what is termed a “pre-action protocol”, which will take the form of ministerial regulations. The pre-action protocol will set out the steps to be followed and the obligations on all relevant parties to the handling of inquiries into and allegations of clinical medical negligence. As Senators will be aware, this legislative step has been repeatedly called for over a number of years by a wide variety of interested parties ranging from patients advocacy groups to medical professionals and the Judiciary.

The expert Working Group on Medical Negligence Litigation and Periodic Payments was established by the President of the High Court in February 2010, with terms of reference that included the following: the examination of the present system within the courts for the management of claims for damages arising out of alleged medical negligence and to identify any shortcomings within that system; and the making of such recommendations as may be necessary in order to improve the system and eliminate the shortcomings. The group published its final report in March 2012, so I am pleased that, without further delay, the implementation of many of the working group’s key recommendations are taking a big step forward today.

As Senators will know and understand, the insertion of a ministerial regulation-making power into a primary statute, such as the Legal Services Regulation Bill, means that the scope and purpose of the regulations, as well as any legal-technical matters are set out, with the actual detail being left to the regulations themselves. I should like to point out, however, that my Department has already laid the groundwork for that work to take place in consultation with a range of interested parties, with the development of detailed legislative heads. I expect that the actual pre-action protocol will be finalised and in operation within a short time of this new Part 15 of the Bill being commenced.

The aim of a pre-action protocol is to encourage the early resolution of inquiries or allegations relating to possible clinical negligence and to promote good, non-adversarial communication between the parties, with a view to reducing the need to go to court. Access to the courts will still be available to parties where it is warranted but the pre-action protocol steps will ensure that a full disclosure of all relevant information, grounds of complaint and supporting evidence will be made clear at an early stage, thus greatly reducing the likelihood of court adjournments, which are a key factor in the high cost of litigation in this country. I believe this pre-action protocol will have knock-on effects for efficiencies in court, as well as in the cost of litigation, and could possibly lower insurance costs in the medical sphere, which will be to the benefit of all.