Rose Conway Walsh (Sinn Fein) | Oireachtas source

The Civil Liability (Amendment) (No. 3) Bill is necessary legislation. People who have been deeply impacted by the recent scandals, such as with CervicalCheck, are asking for it now.

Up to the time that Vicky Phelan and Emma Mhic Mhathúna spoke out to tell their tragic stories, very many people were under the impression that they would be told if something went wrong or mistakes were made in respect of their diagnosis or treatment. The hardworking staff of the HSE also need open disclosure. It is more than unfair that they are held responsible for individual actions and decisions at the coalface, while many of those higher up are protected by a culture of cover-up and defence of the organisation.

There is protectionism within the system, something I noticed long before I came into politics as it was blatantly obvious that wagons were circled in such circumstances. Whether in the area of physical health or mental health, this culture exists and until we face up to it we will not change it. This legislation is not about seeking to punish workers in the HSE. It is a genuine attempt to change the culture within that organisation. The benefits that come from a culture of open disclosure between health staff and patients are self-evident and have been proven internationally.

While this Bill seeks to legislate for disclosure at the patient-health worker level, we are clear that this has to extend to the HSE and the Department of Health. If either of these are aware of mistakes, misdiagnoses or any other information that could impact patients, they must make this known. This did not happen in the CervicalCheck scandal. The recent revelation of the deaths of babies at Portiuncula and Portlaoise hospitals and the long, protracted battle by their parents to discover the truth underline the need for this change in culture. Although devastated by the deaths of their children, these parents took on this culture of cover-up because it is vital that bereaved relatives have access to the truth. Anything that we, as legislators, can do to facilitate this should be a no-brainer.

The culture that exists at the moment, where patients effectively have to go to war with the HSE, does nothing to foster a positive relationship between patients and healthcare workers. In the west, we recently learned of up to 50 children who were identified in a HSE review of audiology services as having been misdiagnosed. The families learned of the report's publication through the media and were left waiting until they saw sight of a copy. The children in question were discharged from the HSE audiology service, only later to be diagnosed with severe to profound hearing loss. I know from these parents that there was a complete vacuum in communication where the HSE adopted a "shut down and go away" attitude.

The valproate scandal, caused by the wrongful prescribing of a drug to pregnant women that has led to over 400 children in this State being born with avoidable disabilities, is another example of why we need mandatory disclosure. The Government’s own legislation introduced voluntary disclosure. The only conclusion that can be reached is that in the months since that legislation was enacted, the voluntary model does not work. It is not robust enough to force a change in culture that will be to the benefit of workers and users of the HSE. Therefore, the real argument here is not whether patients deserve and require candour. It is whether every patient should have that right enshrined in legislation. I urge all parties and none who agree with this basic right to support our Bill tonight on Second Stage.

In no way do we claim that this Bill is a panacea for all faults and mistakes within the health system. Unfortunately, these will always occur. However, a health system that strives to recognise mistakes, informs the patient and attempts to mitigate any future repeat needs legislation like the Bill before us. The current system means that one potential mistake can lead to many more occurring with no checks and balances.

The Minister will say that Government legislation is going through and I know that he recognises much of what we have said in our contributions this evening, but we would be failing as an Opposition were we not to table this legislation. We will work with the Minister and, as my colleague, Deputy O'Reilly, has said in the Dáil, we will work with him in whatever way we can. It is not a competition in which one Bill is trying to be better than another. It is about changing the culture we need to change in the HSE. It is for this reason we need mandatory reporting.