Dáil Éireann Debate, Wednesday - 15 February 2023
151. Deputy Catherine Murphy asked the Minister for Health if he will set out the rationale for the State Claims Agency to not routinely evaluate the adequacy of measures adopted by a data sharing agreement to counter identified risks in clinical settings in the context of the clinical indemnity scheme. [7480/23]
View answerI understand that the Deputy’s question derives from a recommendation made by the C&AG in its Report of the Accounts of the Public Services 2021. I would like to clarify that DSA, in this instance, stands for Delegated State Authority and not Data Sharing Agreement as referred to by the Deputy.
I have asked the State Claims Agency for their input to this response and they have outlined the rationale for the Agency’s approach as follows:
'The SCA issues advices based on its analysis of incidents and claims to the HSE and other DSAs, some of which are of a general nature and issued broadly and some of which are specific and targeted. It is impractical and not the best use of its resources to track implementation by DSAs of all these advices, although the SCA does seek reassurances from DSAs on the implementation of risk mitigation measures in specific instances. While the SCA may seek to evaluate the adequacy of such measures in particular cases, it would not be an effective use of its resources to seek to routinely carry out such reviews.
It is important to note that it is very difficult for the SCA to identify the impact of its activities on the incidence of clinical negligence claims, due to the difficulty in detecting a statistically significant trend in claims numbers and attributing any trend to activities undertaken by the SCA, given the multiple factors involved in activities to improve patient safety and mitigate risk.
With regard to improvement of accountability with DSAs, responsibility for managing risks and setting risk management priorities remains in all cases a matter for the DSA concerned and the SCA’s risk management role is an advisory one. In addition, healthcare DSAs are required to comply with the HSE’s National Incident Management framework, which includes requirements for reviews, recommendations and actions.'
