CervicalCheck campaigners, Dr Scally, and Taoiseach agree — law and culture have to change

The late Vicky Phelan. Victims and survivors of the Cervical Check scandal, investigator Gabriel Scally, and senior politicians all concur that the culture of the Irish health system has to change. File picture

Taoiseach Micheál Martin has said cultural change as well as legislation is required to ensure there is full and open disclosure of incidents in the healthcare system.

His comments came as Gabriel Scally and Cervical Check campaigners condemned proposed laws that are “problematic” as they will only apply to a “tiny proportion” of patient incidents.

Publishing his final review of the implementation of more than 50 Cervical Check recommendations, Dr Scally said: "All professionals should have a duty, when things go wrong, to deal with them in an open, honest, and frank manner and with the grace and compassion that they deserve. "

He suggested amendments have watered down the Patient Safety (Notifiable Patient Safety Incidents) Bill, introduced in 2019, but yet to be enacted.

“The limited scope of the bill is problematic,” he said.

"The bill only specifies the mandatory requirement for open disclosure in the case of 13 categories of incidents. Twelve out of the 13 highly specific incidents where notification would be mandatory relate to the death of a patient. 

One of the co-founders of the 221+ group, Lorraine Walsh, was at yesterday's launch of Gabriel Scally's final Cervical Check report where she said the current legislation is not fit for purpose. Picture: Cate McCurry

"This, under any circumstances, represents a tiny proportion of harm caused to patients through clinical error

“The enactment of a statutory duty of candour on individual healthcare professionals and on the organisations for which they work remains unaddressed.”

Calling on the Taoiseach to deliver on his promise to introduce open disclosure before the end of the year, Cervical Check campaigner Lorraine Walsh said significant changes must be made to legislation currently not fit for purpose. She asked: "Why bring in legislation that is already flawed, why not just get it right the first time? 

"It just doesn’t make sense to bring in a bill that isn’t fit for purpose."

Fellow 221+ member Vicky Phelan had cited the introduction of mandatory open disclosure in the healthcare system as a key priority ahead of her death.

Stephen Teap, whose wife Irene died in 2017 after being diagnosed with cervical cancer, criticised the delay.

“This process began in 2019 with Leo Varadkar as taoiseach," he said.  

"It is now handed over to Micheál Martin as Taoiseach and it’s going to be going back to Leo Varadkar very shortly and it hasn’t moved on in any shape or form."

“This is the most important thing that Vicky Phelan wanted to see through and this is the biggest thing that’s left hanging here”.

Mr Teap said the bill has not moved since March and a promise to have it through the Dáil by Christmas is smoke. 

“We need to, actually, in the words of Vicky, now see actions on this.”

Under questioning in the Dáil, Mr Martin said: “The key issue is legislation is required, cultural change is required as well in terms of absolute disclosure and candour. Progress has been made but there has been historic resistance to enshrining in legislation this.

“I think there is an opportunity now, for once and for all, to deal with this. 

"This legislation and the amendments at report stage will be very clear in that respect. This is the desire of the Oireachtas as articulated, all parties committed, I think as far back as 2015, so we need to follow through on it once and for all.”