Debate contribution: Statutory Duty of Candour

Debate contribution by Mr Alan Robinson on 11 November 2024.

MLA

Mr Alan Robinson

Party at the time

Democratic Unionist Party

Date

11 November 2024

Type

Debate contribution

Business

Private Members' Business

Heading

Statutory Duty of Candour

Assembly identifier

Official Report component 4667919

Read the official Assembly record

Text

I give my party's support to the motion and the amendment. The report into hyponatraemia-related deaths was published in January 2018, 14 years after the inquiry was set up. The report set out 96 recommendations, all of which were deemed to be major pieces of work, with implications for the entire health and social care system. It was expected that the vast majority of the recommendations would be implemented by the end of 2020, with the statutory duty of candour piece requiring Assembly legislation. At the heart of the report, and, indeed, of the debate, are five grieving families of children who should still be with us. That could have happened to any family. It could have happened to me. I have a healthy, fun-loving 10-year-old girl whom I love with every bone in my body. It was haunting to watch the footage of the families of the children on whose behalf the hyponatraemia inquiry was set up in order to find the truth. Whatever contributions there are back and forth today, we owe an outcome to those families and others thereafter. Equally, no one in the Chamber would wish to be in a battle with doctors, nurses or any other health professional. We recognise the valuable work that they do. I very much value and respect the concerns that they have about there being an individual duty of candour. Submissions from health unions over the weekend suggest that there are concerns about the individual piece. I see no similar concerns about an organisational duty of candour, however. At the Health Committee last month, we heard from Professor Peter McBride, who told us that there is a high degree of fear and anxiety among healthcare staff and a lack of trust in the systems that are in place to allow them to raise concerns. He also told us that it would harm their career if they were to speak up, specifically if there were an individual duty of candour. He informed Committee members that the organisational piece would bring us into line with other parts of the UK. Time and time again, we have seen, through the conveyor belt of inquiries, the importance of transparency, honesty and responsibility in delivering healthcare. Although our healthcare professionals are deeply committed to upholding the highest standards of care, we must recognise that, when things go wrong or when failings, abuses or negligence occur, it is essential that those issues be addressed promptly, openly and justly. A statutory duty of candour would ensure that healthcare organisations and individuals are held to the highest standard of transparency. It is not about blame or recrimination but about safeguarding lives, protecting public trust and fostering a culture in which learning from mistakes is not only encouraged but mandatory. When harm occurs, patients and their families deserve nothing less than honesty and accountability. That principle was made abundantly clear in the aftermath of the inquiry into hyponatraemia-related deaths, a tragedy that shook the foundations of our healthcare system 20 years ago. Despite the passing of two decades since that inquiry began, the families are deeply concerned, and rightly so, about the limited progress that has been made to introduce a statutory duty of candour. Although it will require finely balanced decisions to be taken, weaknesses in our healthcare system cannot be allowed to persist. The people of the Province deserve a healthcare system with accountability woven into its very fabric, not something that is introduced only in times of crisis. Back in 2021, my party's response to the consultation on a statutory individual duty of candour included the important line:

"It is imperative to make the distinction between mistakes and the deliberate hiding or withholding of information and failure to disclose".

A statutory duty of candour will not only help identify and address individual cases of malpractice or negligence but should be designed to strengthen our institutions by providing greater transparency and accountability. It should ensure that healthcare providers learn from any mistakes at the earliest possible opportunity. I agree with my party colleagues that a duty of candour should be drafted and enacted fairly and without unintended consequences. It should not be viewed as a punishment. My party supports in principle the possibility of criminal sanctions in more extreme and serious cases, whilst recognising that any such sanctions must be framed in a way that is evidence-based and make a clear distinction between the wilful and deliberate withholding of information that relates to practices that take place in a healthcare setting and those practices themselves.

758 words. Text as published by the Northern Ireland Assembly.

Assessment

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Assessed 21 October 2026 at 11:35 UTC by jev-1.13.0 (requested as typesafe/jev) under rubric 2026.10-r9, methodology 1.9.

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