R104

Statutory duty of candour

Muckamore Abbey Inquiry · Muckamore Abbey Hospital Inquiry Report · Issued 18 June 2026 · Addressed to: Department of Health NI

Government responseNo response yet

DeliveryDepartment of Health NI says in progress (Sep 2026)

Recommendation, verbatim from the inquiry

●Inquiry recommendation

A statutory duty of candour should now be enacted in Northern Ireland so that: (i) Every healthcare organisation and everyone working for them must be open and honest in all their dealings with service users and the public. (ii) Where harm has been or may have been caused to a service user by an act or omission of the organisation or its staff, the service user (or duly authorised representative) should be informed of the incident and given a full and honest explanation of the circumstances. (iii) Full and honest answers must be given to any question reasonably asked about treatment by a service user (or duly authorised representative). (iv) Any statement made to a regulator or other individual acting pursuant to statutory duty must be truthful and not misleading by omission. (v) Any public statement made by a healthcare organisation about its performance must be truthful and not misleading by omission. (vi) Healthcare organisations that believe or suspect that treatment or care provided by them has caused harm to a service user must inform that service user (or duly authorised representative) as soon as is practicable and provide a full and honest explanation of the circumstances. (vii) Registered clinicians and other registered healthcare professionals who believe or suspect that treatment or care provided to a service user by, or on behalf of, any healthcare organisation by which they are employed has caused harm to the service user must report their belief or suspicion to their employer as soon as is reasonably practicable.

Muckamore Abbey Inquiry, Muckamore Abbey Hospital Inquiry Report · 18 Jun 2026 Source PDF →

Published evidence summary

AI-generated evidence summary

In September 2026, Robbie Butler, Minister of Health, stated that the Department of Health NI was considering recommendations to introduce a statutory duty of candour within the Adult Protection Bill, had sought advice from the Office of Legislative Counsel on potential amendments, and had officials meeting the Inquiry Chair (Robbie Butler, Sep 2026). In June 2026, Mike Nesbitt, then Minister of Health, stated that work was progressing on an organisational duty of candour for Northern Ireland alongside participation in the UK-wide Public Office (Accountability) Bill (Mike Nesbitt, Jun 2026).

Sources

Robbie Butler, Sep 2026
Mike Nesbitt, Jun 2026

AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026.

Government response

●No formal government response recorded

The Index has not yet recorded a verbatim government response to this recommendation.

Delivery

●Department of Health NI says in progress · 23 Sep 2026

In addition, my Department has been considering those recommendations relevant to the Adult Protection Bill, including recommendations relating to CCTV in care settings, adult safeguarding, the introduction of a statutory duty of candour and amendments to the care offences in Part 3 of the Bill to reflect a reverse burden of proof. Advice has been sought from the Office of Legislative Counsel on whether amendments are required to address a number of recommendations in the report. Officials are also meeting with the Inquiry Chair later this week to discuss further a number of the recommendations relating to the Bill.

From: Muckamore Abbey Hospital Inquiry Report Recommendations Departmental Progress Update (written ministerial statement), Robbie Butler, Minister of Health (Northern Ireland)

Site note: The statement gives this passage once, for the recommendations relevant to the Adult Protection Bill, and names this one by its subject, "the introduction of a statutory duty of candour", not by number. The same words are recorded on R104 and R105.

Earlier statements on delivery (0)

●Department of Health NI · 22 Jun 2026

For example, work is progressing on the introduction of a duty of candour. At its core, the work is focused on strengthening a culture of openness and honesty, and work is being taken forward on two separate pieces of legislation. The first is on an organisational duty of candour for Northern Ireland that will place a legal duty on the HSC to be open and honest in defined circumstances where harm has occurred. Secondly, we are participating in the UK-wide Public Office (Accountability) Bill or Hillsborough law, which will place individual statutory duties on all public officials, including those in the HSC, to act in the public interest.

From: Official Report (Hansard), Monday 22 June 2026: Ministerial Statement, Muckamore Abbey Hospital Inquiry Final Report, Mike Nesbitt, Minister of Health (Northern Ireland)

Site note: From the Minister's statement on the report. It describes work on a duty of candour, the subject of this recommendation, without giving its number.

How this page is built

The recommendation and the government responses are verbatim from primary documents. Delivery statements and other bodies' findings are shown in their own words, each with its source. The summary is written by this site and labelled as such. The Index does not paraphrase sources or characterise intent; it records what has been published.