Oireachtas Joint and Select Committees

Tuesday, 8 May 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

State Claims Agency: Discussion

1:30 pm

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Is that not akin to saying to these women that it is not the fault of the HSE but the fault of the laboratory and that they should pursue the laboratory? By operating as Pontius Pilate the agency is ensuring that there will be legal cases because the laboratory in America will pursue this. Is it not the case that these women were let down by the State? They were completely and utterly failed by the State because of misdiagnosis.

The State Claims Agency should be settling with every one of them. Then the agency should sue the laboratory in America. Instead, the agency is asking people who now have a cancer diagnosis to pursue the State. The same applies in certain circumstances involving people who lost loved ones - they are grieving families. The State Claims Agency is washing its hands and suggesting people sort it out with the laboratory in America. Why can the agency not settle with these individuals? Why can the agency not do what the Taoiseach has said? Even if there is no legal responsibility, there is a moral responsibility. The agency should settle with these women. Then, if the laboratory in America failed in its duties - clearly it has - then the agency should sue the laboratory and get the money back. Why make the individual victims go through this arrangement?

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