Seanad debates

Tuesday, 7 March 2023

Patient Safety (Notifiable Incidents and Open Disclosure) Bill 2019: Second Stage

 

12:30 pm

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

On this, the eve of International Women's Day, this Bill presents a timely reminder of the many ways in which the State and the Government have failed ordinary people, and in particular women. However, this Bill also presents an opportunity to put these same women front and centre, and acknowledge the dedication and sacrifices they gave to make Ireland a better place for women in the future. I am conscious in particular of Vicky Phelan. Vicky's refusal to accept the demand for confidentiality opened the door to truth for hundreds of other women, empowered a generation of people to demand better, and forced a fundamental re-evaluation of our healthcare services. It is an enormous tribute to Vicky, and to all those in the 221+ group who have not let this issue rest and have campaigned vigorously to ensure that we do not repeat the mistakes of the past and that we have robust legislation in place. It is also a testament to what can be achieved when the Government actively engages with the Opposition and with expert groups.

We still have to accept that we have a long way to go on many of the issues Dr. Scally recommended. Several of the recommendations contained in Dr. Scally's report have still not been implemented. I am particularly concerned by the inability of people to make a complaint about clinical decisions. I accept that it is a difficult and complex area, but we need to have further discussion on it. We cannot skirt our responsibilities simply because of the complexity of the issue. We have a duty to have these conversations and to fully tease out these complex issues.

Dr. Scally also criticised the Bill's failure to require a greater duty of candour in healthcare. Again, I accept the complexities of legislating for such. We had discussions with the chief clinical officer, Chief Medical Officer and chief nursing officer, where they made sound clinical arguments on why this may not be possible. However, the reality remains that we have an independent report from Dr. Scally that made recommendations, not all of which are dealt with in this Bill.

As we seek to honour Vicky and all those who have got us to this point, I am reminded of Vicky's own words after the death of a fellow cervical cancer sufferer, Ruth Morrissey: “I don't want your accolades or your broken promises. I want action. I want change. I want accountability.” This Bill is an important first step in that process.

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