Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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2. To ask the Minister for Health the progress he has made towards providing justice and truth for the victims of symphysiotomy and, if he has had discussions with the Department of Justice and Equality, to now progress to enactment the Statute of Limitations (Amendment) Bill 2013; and if he will make a statement on the matter. [40227/13]

James Reilly (Dublin North, Fine Gael)
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I met the support groups representing the women who have been affected and afflicted by symphysiotomy on 1 August 2013 and informed them that a decision has not yet been made by Government on how to achieve closure on the issue. I proposed at that meeting that I would appoint a judge to engage with the women affected by symphysiotomy in order to explore all relevant issues. At the conclusion of that process, the judge will advise me on how the matter may be progressed. I will then be in a position to bring detailed proposals to Government. It is, of course, open to any woman not wishing to involve herself in that process to bring a claim through the courts. Any proposals brought to Government will also take into account the findings of the independent research report commissioned by my Department in respect of to the practice of symphysiotomy in Ireland. The research process comprised two stages. The first of these involved an independent draft academic research report, which was based on an analysis of published medical reports and research. The second stage involved consultation on the draft report with patient groups, health professionals and, in particular, the women who have experienced symphysiotomy.

As the Deputy is aware, the Private Members' Bill concerning the Statute of Limitations has been referred to the Select Committee on Justice, Defence and Equality. A date has yet to be scheduled for the taking of Committee Stage of the Bill. My officials will provide any necessary supports required from my Department in order to progress the legislation through Committee Stage.

My first priority is to ensure that the women who have had this procedure have their health needs comprehensively and professionally met. In this regard, the HSE provides a range of services to women who continue to suffer the effects of having had this procedure. These services include the provision of medical cards, the availability of independent clinical advice, the organisation of individual pathways of care and the arrangement of appropriate follow-up.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I welcome the fact that the Minister met representatives from the various groups campaigning on this issue on 1 August last. However, no real progress has been made in the intervening period. I welcome the Minister's statement to the effect that it is open to women to pursue the matter through the courts and that he is not seeking to corral them into accepting whatever formula he and the Government might wish to present in terms of redress. Nevertheless, the Bill relating to this matter, which I introduced in the House and in respect of Second Stage of which there was unanimous agreement on the evening of 17 April last, has not been progressed. I am greatly concerned with regard to what appear to be delaying tactics designed to prevent the legislation being addressed further in the House. On 16 April, during the debate on the Private Members' Bill in question, the Minister stated, "The Government is also committed to dealing with this issue with all the sensitivity which is undoubtedly required".

Legal firms representing 167 of the survivors wrote to the Minister on 14 March last seeking a response within a reasonable period of weeks. Some considerable time later, the Minister's private sector issued a response indicating "Unfortunately, due to a very busy schedule of Government and Department business, the Minister regrets he will not be in a position to accede to your request". The purpose of the original letter was to initiate the Minister's engagement-----

Michael Kitt (Galway East, Fianna Fail)
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The Deputy is over time and I ask him to conclude.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----towards an agreed settlement. Why will the Minister not meet the representatives of the survivors and seek to reach such a settlement with them?

James Reilly (Dublin North, Fine Gael)
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I hope the Leas-Cheann Comhairle will afford to me a similar amount of additional time as that which he afforded to the Deputy. I wish to make it absolutely clear that we want to bring closure in respect of this issue for the women concerned who suffered as a consequence of the procedure involved. Long after the use of this procedure had been discontinued elsewhere, it continued to be employed in this country and, inexplicably, it was sometimes performed after a baby was born. There are huge issues for the women in question and we had a very good meeting with their representatives at which these were discussed. The women were very forthright in expressing their feelings and describing what they have been obliged to endure. One woman explained how harrowing it had been for her to go through the courts. Even though she felt she had an absolutely open-and-shut case, she found herself faced with the prospect of losing her home if she lost the appeal on a point of law. I do not want these women to have to go through that.

I wish to place on record the fact that nobody will be coerced into any process. Those involved have a choice.

Michael Kitt (Galway East, Fianna Fail)
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The Minister should conclude.

James Reilly (Dublin North, Fine Gael)
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I beg the Leas-Cheann Comhairle's indulgence, particularly as he was kind enough to offer some extra time to my colleague opposite. I wish to ensure that we will bring closure for the women in respect of this matter while ensuring that they endure the least possible amount of additional pain. I have asked the Attorney General to approach a judge on the matter and discussions are in train in this regard. We want to find the right person with the best experience. We cannot really seek anyone from the High Court because some of the cases may be heard in that court. We are, therefore, limited in terms of the range of people of whose services we might seek to avail. Nonetheless, I hope we will get the right person and that she or he - I hope it is a she - will be able to progress this matter further in the context of what will work - from the women's point of view - in the interests of bringing closure.

I appreciate the Leas-Cheann Comhairle's indulgence. I wish to make a key final point and I will then conclude. I want the money to go to the women who suffered, not to legal firms.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The evidence I have put on the record in respect of the two legal firms representing 167 of the women shows that it is not a case of those firms seeking to line their pockets with money. They are quite willing - they are absolutely enthusiastic in this regard - to negotiate an agreed settlement. They put that fact on the record and the Minister rejected to opportunity that was offered in his response to them. That response issued on the same day on which the Minister placed on the record of the House the very comments I quoted at the start of this exchange.

I met a number of the women during the summer months. They are good and decent people and they do not have the open choice the Minister states they have available to them in terms of having the courts address their issues. They are dependent on the processing of the Statute of Limitations (Amendment) Bill in order to give them the choice to which the Minister refers. I urge him to accept what they have said to me in this regard. One woman asked me, "How many surviving victims must die before the Minister and his Department act?" The women in general have also asked me whether the policy is one of delay until they all die. Those are their words, not mine.

James Reilly (Dublin North, Fine Gael)
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In response to the Deputy's final point, I can categorically state that this is not the Department's approach and it is certainly not my approach nor that of my Government colleagues. I want to bring closure in respect of this matter. This is one of a myriad of legacy issues left behind by previous Governments and by Ministers who presided over the Department over which I now preside. We will deal with those issues seriatim or one by one. I want to find the best way, from the point of view of the women, to proceed. In order to do so, there is a need for interaction with an individual, preferably a judge - we are seeking a judge and we are in discussions with one at present - in the context of identifying how we might proceed. The individual in question will also make recommendations to us in respect of how we might expedite the issue. I do not want there to be any delays and nor do I want anyone who has suffered and who is currently with us to be gone by the time this matter is settled. I want this to be dealt with as quickly as possible.

Michael Kitt (Galway East, Fianna Fail)
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The clock is a new addition to the Dáil. The Minister has two minutes and there is one minute for each question and reply. Like every referee, I will probably be accused of being fair or unfair. No referee gets it right all the time but I will do my best. When I tell Deputies their time is up, they can check it by looking at the clock.