John Halligan (Waterford, Independent)
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76. To ask the Minister for Justice and Equality if she will support legislation to introduce new rules, protocols and rules of disclosure in cases of medical negligence at birth, to avert the enormous stress and lengthy litigation being brought upon families who take such cases and to ensure that they receive money at an early stage, when it is most needed for their child; and if she will make a statement on the matter. [21354/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am pleased to confirm to the Deputy that work at my Department and the Department of Health is ongoing in relation to the reform of aspects of the law applying to medical negligence and that this work will include the bringing forward of legislation to deal with the issues he has raised. The ongoing work is informed by the findings and recommendations set out in the relevant modules of the Report of the Working Group on Medical Negligence and Periodic Payments including as they relate to Pre-Action Protocols and Periodic Payment Orders. Detailed consideration is being given to these matters and the complex legal issues that have arisen by my Department including in conjunction with the Offices of the Attorney General and of the Parliamentary Counsel.

In relation to aspects of the matters raised by the Deputy, which are the responsibility of my colleague the Minister for Health, I am informed by the Department of Health that:

- Medical negligencecases are primarily handled by the State Claims Agency, which manages the State’s Clinical Indemnity Scheme (CIS). The Scheme’s actuaries estimate that the cost of settling CIS claims in 2014 will be approximately 200 million Euro.

- A National Policy on Open Disclosure was developed jointly by the HSE and the State Claims Agency and launched in November 2013. The Policy is designed to ensure an open, consistent approach to communicating with patients when things go wrong in healthcare.

- Open Disclosure will also be provided for under Minister Reilly's Health Information Bill. The Bill will contain a range of information related measures designed to improve information management in the health system, patients’ rights to their information and patient care and safety. Given the changes in the Bill since its original General Scheme was approved by the then Government in 2009, it is planned that a revised General Scheme will be sent to the Government in the next few months with a view to publication in early 2015.

I should add that the Government has approved the drafting of the Heads of a Civil Liability (Amendment) Bill to implement the recommendations contained in the High Court Working Group Report on Periodic Payments Orders in catastrophic personal injury cases with respect to awards made against the State and agreed that the extension of the Bill to private defendants would be examined further in discussions between my Department and the Department of Finance. A Working Group, comprising relevant Government Departments and State Agencies, has been established to progress a number of complex policy issues in order to progress to the drafting of this Bill. The Working Group is tasked with completing its work by the end of September this year at which time the General Scheme will be revised and, subject to Government approval, drafting will get going fully.

I am acutely aware of the human dimension and the urgency which is attached to the resolution of the PPO issue and the House can be assured that I have directed that this issue be treated as an absolute priority.