Written answers

Thursday, 14 January 2021

Department of Health

Departmental Reports

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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193. To ask the Minister for Health his plans and views regarding each of the recommendations of the expert group report to review the law of torts and the current systems for the management of clinical negligence claims relevant to his Department and those bodies under the aegis of his Department; and if he will make a statement on the matter. [1975/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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In June 2018, arising from a commitment in the Programme for a Partnership Government (PfPG), the Minister for Health, the Minister for Justice and Equality, in association with the Minister for Finance, established an Expert Group to review the law of torts and the current system for the management of clinical negligence claims. The Group, chaired by the High Court Judge, Mr Justice Charles Meenan, comprised representatives from the Departments of the Taoiseach, Public Expenditure and Reform, Justice and Equality, Health, AGO, HSE, State Claims Agency as well as patient advocacy representation and a practising solicitor who has experience representing plaintiffs.   

The Expert Group examined tort law as it currently applies to personal injuries arising in the healthcare context and considered options for its reform. Government noted the contents of the Final Report and agreed to its publication on 16 December 2020.

The Report contains seventeen recommendations for change, eleven of which relate to my Department. I welcome the publication of the Report and look forward to considering its proposals in more detail.  I intend to revert to Government following further consideration of the recommendations by my Department.

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