Oireachtas Joint and Select Committees

Thursday, 5 July 2018

Public Accounts Committee

Implications of CervicalCheck Revelations (Resumed)

9:00 am

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein) | Oireachtas source

This is an important point. As for where this might leave us when this sorry saga is eventually complete and when every woman gets the justice she deserves, I note 28 cases are potentially before the courts and 209 women were not informed of the results. If it is the case that the HSE has accepted liability for not informing Ms Mhic Mhathúna of her incorrect smear test, as Dr. McKenna put it, does that admission of liability apply to all 209 women? As for those women who are not before the courts, how will they be compensated by the HSE? I am asking a straight question, that is, was the acceptance of liability only in the case of this individual or was it in respect of all the women? In answering that question, I want Dr. McKenna to bear in mind that when Mr. Gleeson, who was one of those people with responsibility for overseeing the process of informing or not informing the women, appeared before this committee, he did not and still to this day does not accept any mistake was made but yet in court, the HSE accepted liability that a mistake was made. There are two parts to my question. First, does the admission of liability apply only to this individual or does it apply to all 209 women? In the latter case, how will they be compensated given there is no class action opportunity in this State? Second, given that the individual who was responsible for the failure does not accept there was any failure, how will Mr. Connaghan, as the director general, deal with that problem?

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