Amended laws on mandatory open disclosures passed through the Dáil

Politicians and campaigners agree that the laws now pass the 'Vicky test'

Minister for Health Stephen Donnelly said: 'The bill will lead to better outcomes for patients and better clinical and health outcomes.' Picture: PA

Amended laws to introduce mandatory open disclosure in the healthcare system have passed through the Dáil after politicians and campaigners agreed that they now pass the "Vicky test".

Health Minister Stephen Donnelly told the Dáil that the legislation, which will require clinicians to fully inform patients of serious patient safety incidents, will lead to better outcomes and a better experience for patients.

The legislation, which aims to provide patients with greater transparency and is viewed as an important part of the legacy of reform and transformation that campaigners, including Vicky Phelan, fought for in the wake of the CervicalCheck scandal.

The Government had initially hoped to get the Patient Safety Bill through the Dáil before Christmas, but Mr Donnelly agreed to delay this until the new year to allow for further discussion after opposition TDs and patient advocates claimed the legislation was "flawed".

Mr Donnelly and his officials worked with patient representatives right up to the wire yesterday to come with amendments to the bill which members of the 221+ CervicalCheck group and other patient representatives were satisfied with.

"The bill will lead to better outcomes for patients and better clinical and health outcomes. 

It will also lead to a better experience for patients and some much needed transparency. 

"It is important from that perspective," Mr Donnelly told the Dáil.

He thanked the 221+ group and other patient representatives who had been involved over the past two years in what he described as a "very detailed design" of a patient requested review.

"While there is very understandably a focus on cancer screening services — cervical cancer screening services — the bill is much wider than that as it covers the covers the whole health service," Mr Donnelly said.

"However, I think it is absolutely correct, that the genesis of the bill does come from the cervical screening, it comes from the women and and men who stood up to the system and said, 'We're just not having this anymore, this is no way to run this and treat patients and we have had enough," he said.

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Labour TD Alan Kelly paid tribute to the CervicalCheck campaigners, including Lorraine Walsh who attended the Dáil debate last night, for their tireless work on the bill.

However, Social Democrat co-leader, Róisín Shortall said the limited scope of the bill remains "problematic" as it only specifies the mandatory requirement for open disclosure in the case of 13 categories.

Mr Donnelly said that a much longer list will be developed through regulation.

"The reason this is through regulation rather than statute is because the nature of those incidences change. Some procedures may not happen anymore and new procedures will be added," he said.

Both Ms Shortall, Mr Kelly and Sinn Féin health spokesperson David Cullinane raised the need for a duty of candour in open disclosure which Dr Gabriel Scally had also called for.

The bill will now go to the Seanad after passing through the Dáil tonight.