Written answers

Thursday, 26 May 2016

Department of Justice and Equality

Statute of Limitations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

39. To ask the Minister for Justice and Equality when she will reinstate a three-year statute of limitations period for families who have to fight for inquests into maternal and baby deaths, given the absence of legislation regarding a statutory duty of candour for clinicians and until such time as such legislation is introduced and given the inordinate length of time for which families have to fight for these. [12308/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The previous Government gave its approval in November 2015 to the drafting of provisions to support open disclosure of patient safety incidents, for inclusion in the Civil Liability (Amendment) Bill. I should add that legislative responsibility for open disclosure rests with my colleague, the Minister for Health.

I understand from my colleague the Minister for Health that the provisions to support open disclosure are currently being drafted by the Office of the Parliamentary Counsel. Open disclosure is about communicating with patients and their families when things go wrong in healthcare. This includes expressing regret for what has happened, keeping the patient informed, providing feedback on investigations and the steps taken to prevent a recurrence of the adverse event. Under the proposed legislation open disclosure will have certain specified legal protections on the civil side, when made in line with national standards - an approach intended to promote and support a culture of open disclosure. The legislation builds on the joint development by the HSE and State Claims Agency of the National Policy on Open Disclosure (2013). The HSE is progressing the implementation of the Policy across all health and social care services.

The appropriate legislative provisions on open disclosure will be included in the Civil Liability (Amendment) Bill 2015. Work is progressing on the drafting of the Bill in the Office of the Parliamentary Counsel and my Department is urgently examining a number of queries and comments on the proposed legislation raised by that office. I fully expect that further progress on the Bill will be made in the coming weeks with a view, subject to Government approval, to Autumn publication. I do not propose to make detailed comment on the content of the legislation ahead of its publication.

Comments

No comments

Log in or join to post a public comment.