T4. Mr Sheehan asked the Minister of Health whether he has any plans to introduce an individual duty of candour, which was one the key recommendations from Justice O'Hara's inquiry into the hyponatraemia scandal. (AQT 374/22-27)

I thank the Member for his question. I have been discussing that with officials during my first two weeks in office. The Member will be aware that, in 2022, there was a public consultation on a duty of candour. My officials are developing proposals for a regional "being open" framework. That includes plans for further consultations in the months ahead. That is a key contributing piece of work to help to further support an open, just and learning culture in Health and Social Care. I am aware that the Department of Health and Social Care (DHSC) is reviewing the implementation of the duty of candour in England. We will, of course, consider the learning that emerges from that exercise.

Gabhaim buíochas leis an Aire as ucht a fhreagra.

[Translation: I thank the Minister for his answer.]

The Minister will be aware that, over the past number of years, there have been a number of scandals in the health service. As well as the hyponatraemia scandal, we have had the Muckamore Abbey Hospital debacle, the blood contamination scandal and, of course, in the Belfast Trust, the neurology scandal. One of the common themes that runs through all those scandals is the lack of accountability and the circling of the wagons to protect organisational reputations. Will the Minister introduce an individual duty of candour, or will he cop out and go with an organisational duty of candour?

I thank the Member for his question, but I do not agree with his description of copping out. What I am interested in is how best we encourage individuals who work in Health and Social Care to be absolutely honest about what happens when things go wrong. Is that by placing a statutory duty of candour on an individual? I am not sure that it is. It is the outcome that I am focused on; I am not yet clear about the mechanism by which to get there.

I remind the Member that DHSC in England is reviewing the duty of candour because it is clearly not delivering exactly as it was. Not too long ago, I studied a comparative report on candour in aviation and in health. The conclusion seemed to be that aviation was way ahead of the health service because of the black box and the fact that, when a catastrophic event occurs and passengers die, every effort is made to analyse what went wrong through the black box etc, with no particular concern for the effect on the individual. Of course, the point is that if there is a catastrophic impact in aviation, the pilot and crew tend to die, whereas, in the health service, it is the patients who suffer rather than those who work in it. Your concern has to be this: which system do you put in place to most motivate an individual to come forward and be honest about the mistakes that they have made? You could put a punitive system in place that actually discourages openness and candour.