Open Disclosures Policy

Dáil Éireann Debate, Thursday - 13 February 2014

Thursday, 13 February 2014

Questions (213)

Lucinda Creighton

Question:

213. Deputy Lucinda Creighton asked the Minister for Justice and Equality further to his indication in a speech of 8 February 2014 to the Family Lawyers Association of Ireland that he has commenced work with a view to enshrining the principles of open disclosure in legislation, if a specific Bill from his Department will be published; if such a Bill would be in addition or complementary to the Health Information Bill, which, as was indicated in a response to Parliamentary Question No. 250 of 6 February 2014, will contain provisions to afford some degree of protection for health care personnel in line with the Madden report; if he will confirm when the legislation he referred to in his speech will be published; and if he will make a statement on the matter. [7448/14]

Written answers

Minister for Justice and Equality

The Minister for Health and I are working closely together on this issue. I am looking at how we might facilitate the early admission of liability in instances where medical negligence has occurred. As I indicated in the speech to which the Deputy refers, I see potential benefits, in terms of the efficiency of the administration of justice and the delivery of more satisfactory and timely outcomes for litigants and taxpayers. These potential benefits, which are clearly of interest to me in my capacity as Minister for Justice and Equality, arise in areas such as costs, length and focus of litigation (in terms of the level of expense and distress which is caused to families or victims of medical incidents and in terms of where the focus of such legislation should be on the liability issue or the issue of quantum of damages) and in limiting the use of taxpayers' moneys by State agencies to defend actions where there may be no clear basis for such defence.

An examination is currently under way as to how this outcome might best be achieved. My work in this area is complementary to that of the Minister for Health who will include provisions on open disclosure in the Health Information Bill, updated Heads of which are expected to be considered by the Government later this year.