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Dáil
‹ Order of Business

Duty of candour legislation

Summary

Gerry Adams asks when legislation requiring medical professionals to admit mistakes will be published and whether it will cover private hospitals. The Taoiseach says the proposal is still being formulated, while other complex legislation is progressing and some measures may become law before the election.

Last week, the Minister for Health told the Select Sub-Committee on Health that he plans to introduce a new law to oblige medical professionals to admit when they have made mistakes. He was critical of those professionals who have failed to "adhere to the duty of candour". This legislation would be very significant given the history of symphysiotomy, the anti-D blood scandal, the victims of Michael Neary and other cases. When does the Taoiseach envisage that this legislation will be published? Will it include private hospitals as well as public hospitals?

I have just been looking at the legislative programme. In the programme for Government, the Labour Party and Fine Gael promised to reform the way the Dáil works, to make it fit for purpose and to legislate more effectively. There appears to be a logjam in the processing of legislation through the Department of Justice and Equality. The Taoiseach will recall that I raised the issue of the Assisted Decision-Making (Capacity) Bill 2013 with him yesterday. The aim of this crucially important legislation, which was published in July 2013 but has yet to be discussed on Committee Stage, is to protect citizens with mental disabilities. I could also have mentioned the Legal Services Regulation Bill 2011, which was published in October 2011.

It was last seen in July of last year and its Report and Final Stages have not been completed. The Criminal Justice (Spent Convictions) Bill was published in May 2012 and was last seen in November 2013. The general draft of the mediation Bill was published in 2012. It was listed for publication in late 2013. The then Minister, Deputy Shatter, stated that it would be published in 2014, but we still await it. The Criminal Justice (Mutual Assistance) (Amendment) Bill was published in August 2014 and was last seen in November, a month where there seems to be a Bermuda Triangle. The Bill has yet to pass Committee Stage in the Seanad. Is this not evidence of the Government failing to manage its legislative programme efficiently? Does the Taoiseach realistically expect these Bills to pass all Stages and become law before the general election?

Comment on this
Enda Kenny The Taoiseach Fine Gael

On the contrary, what the Deputy has just read out shows just how serious the Government is about introducing a raft of very necessary legislation. Many of these things are quite complex, as Deputy Adams will agree. The mediation Bill is later this year. The Criminal Justice (Spent Convictions) Bill is awaiting Report Stage. The Legal Services Regulation Bill is awaiting Report Stage.

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I told the Taoiseach that.

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We know all of that.

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He is commentating.

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Enda Kenny The Taoiseach Fine Gael

As to the question of the health Bill, which the Deputy mentioned in respect of the Minister for Health, the Minister is just formulating the proposition. I do not have a date for that, nor could I, because we have to wait and see the draft heads that the Minister will bring forward in that regard. So, contrary to what the Deputy says, there is actually an unprecedented amount of work going on in regard to a whole-----

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It is the finish for which I am looking.

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Enda Kenny The Taoiseach Fine Gael

-----range of areas, many of which were left untouched for years because Governments refused to go near them. We can only do so much. There is a finite number of people in the drafting section dealing with the parliamentary offices and the Attorney General, but believe me, Deputy Adams, they are working exceptionally hard on a range of very complex issues. As to those Bills that are awaiting Report Stage and Committee Stage here where amendments are being considered, they have to work their way through the system. We will try to do it as expeditiously as possible.

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I asked whether the Taoiseach expected they would become law before the general election.

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Enda Kenny The Taoiseach Fine Gael

Which one?

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Any of them.

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Enda Kenny The Taoiseach Fine Gael

Of course.

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All of them.

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Before the general election.

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Enda Kenny The Taoiseach Fine Gael

I cannot say all of them, but some of them are listed for this session and others are awaiting Report Stage and others are having amendments worked on. There is no restriction or intention of delaying any of these things. It is how to get them to do the thing properly, Deputy Adams.

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