Sir, – This week the Taoiseach has promised to implement mandatory disclosure. The Taoiseach was of course leader of the Fianna Fáil party in 2015 when it abstained and allowed Fine Gael to pass amended legislation which had removed the mandatory element from the 2015 open disclosure legislation.
Fine Gael TDs should reflect on the reality that they had an opportunity to implement mandatory disclosure in 2015 yet declined, while Fianna Fáil TDs should reflect on the reality that they facilitated this.
Given the role of senior members of the Department of Health in advising against mandatory disclosure in 2015, the Taoiseach must now clarify what, if any, personal sanction will apply for managerial non-disclosure under the new legislation.
A mandatory disclosure system where personal consequences for non-disclosure will only apply to front-line staff will not suffice.
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In 2020, the current Health Minister received the Meenan report on medical negligence reform. Regrettably, two years on it remains unimplemented, with no indication when or if the recommendations will ever be implemented.
All the tributes from Fine Gael and Fianna Fáil politicians following the tragic loss of Vicky Phelan will count for little if they fail to implement a statutory duty of candour placing a legal obligation on all HSE and Department of Health staff to disclose. The consequences for non-disclosure must be severe and they must apply to senior management in both the HSE and Department of Health.
Likewise, politicians in these two parties cannot justifiably claim to be committed to an honest and open approach to failings in our health service as long as the Meenan report lies gathering dust in Baggott Street. – Yours, etc,
RUARY MARTIN,
Sandyford,
Dublin 18.
Sir, – There are many aspects to the tragic case of Vicky Phelan that defy comprehension, not least the fact that she was pressurised to sign a non-disclosure agreement in 2018. The HSE introduced its “open disclosure” policy about five years earlier. May she rest in peace. – Yours, etc,
BRIAN O’BRIEN,
Kinsale,
Co Cork.