Statutory Duty of Candour

While the duty of candour is under review throughout the UK, I am not content for Northern Ireland to remain an outlier on the organisational front. It is certainly important that I continue to take account of the experience and effectiveness of the duty in the rest of the United Kingdom over the coming months, but I do not want that to unduly delay progress. In principle, I repeat that I support the implementation of an organisational duty in Northern Ireland and expect to make a firmer commitment to its implementation following the outcome of the forthcoming consultation on the Being Open framework. I am optimistic about what we can achieve before the end of the Assembly mandate and the momentum that exists across the system on the issue. It is something that I very much welcome. I look forward to updating the Assembly again, following consideration of the Being Open framework consultation, on the next steps for that work and on the duty of candour issue more broadly in Northern Ireland.

I have said previously that I am in favour of every individual working in public service being honest and candid when people suffer unnecessary harm, whether physical, mental or psychological. That is my desired outcome. The question becomes how to create a regime that minimises the chill factor that deters individuals from being candid and maximises their willingness and responsibility to engage in an honest review of what went wrong. In addition to the related recommendations set out in the IHRD Inquiry, the Infected Blood Inquiry report, which was published in May 2024 and extends UK-wide, has made recommendations in relation to individual duties of candour – with consideration to extend these beyond healthcare. Further, the King’s Speech (July 2024) sets out a commitment to implement legislation introducing a duty of candour in the wake of the Hillsborough football stadium disaster. My officials are linked into discussions with counterparts in England, Scotland and Wales to consider these developments, which remain delicate and complex matters. Options regarding next steps for Northern Ireland in relation to duty of candour will also take account of these discussions, and of related timeframes which remain under consideration.

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.