Oireachtas Joint and Select Committees

Wednesday, 3 July 2019

Select Committee on Health

CervicalCheck Tribunal Bill 2019: Committee Stage

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I want the same thing. The legislation as drafted states that where a claimant requests the tribunal to hold a hearing or part of a hearing in public and the tribunal agrees it would be appropriate to do so, the tribunal shall conduct the hearing, or part of the hearing, concerned in public. The Deputy is asking, understandably, whether this is strong enough and whether we need to be stronger. The idea is that if a woman chooses, she can have her hearing and personal health and life story heard in private rather than in public or she can opt to have parts of the hearing held in public. She might decide she wants some of it to be public and some of the more personal stuff to be dealt with privately. My understanding and legal advice is the legislation deals with this and allows for it. I have checked with the tribunal that this is its understanding. I will take the day to reflect further on what the Deputy said because it is absolutely the intention of the legislation and, it is fair to say, the intention of the Oireachtas that if a woman does not want a hearing in public or part of a hearing in public that it should not be in public. I will revert to the tribunal and the Office of the Attorney General, and if there is a need to strengthen the language on Report Stage, I will do so because we all want to achieve the same thing.

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