Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 6, to delete lines 28 to 30 and substitute the following:

“(a) a woman—

(i) identified as part of the Review of Cervical Screening as having CervicalCheck cytology review findings that were discordant with those of the original cytology examination in relation to the woman concerned, or

(ii) whose cytology slides were sought, by the Review of Cervical Screening, to be re-examined as part of its review but where one or more of those slides could not be re-examined as part of that review by reason of circumstances beyond the control of the woman concerned, or”.

I thank the Chairman for convening this meeting. Amendment No. 1 ensures that women who opted to participate in the review by the UK's Royal College of Obstetricians and Gynaecologists, RCOG, but whose slides had not been located by the laboratories ahead of the review's deadline have the opportunity to access the tribunal. This is a sensible and prudent amendment.

Amendments Nos. 2 and 3 are from Deputies Donnelly and Kelly, respectively. I understand what the Deputies are trying to do, but I have yet to find a way of achieving it. This is something that we may need to continue discussing and engaging on ahead of Report Stage. Originally, we all wanted to establish an alternative process to court for the 221 Plus group. We asked an eminent judge, Mr. Justice Charles Meenan, to do some work on designing that pathway. He reverted with the substance of what is effectively the legislation before us. In addition, we decided that it would be sensible to include those who had opted to participate in the RCOG review. For understandable reasons, Deputies Donnelly and Kelly are asking in these amendments that we broaden the Bill beyond that to other categories of women. Deputy Donnelly's amendment asks us to find a mechanism to include women who said they did not wish to participate in the RCOG review but who now wish to access the tribunal. The challenge facing me is that the RCOG review is independent in the first instance and the deadline for participation set by it has now passed. From memory, it was 7 June, but it was certainly in June. The review of this sensitive matter is due to report and is eagerly awaited by many women and their families. I have yet to find another mechanism whereby those who have not had an audit, be it the RCOG or CervicalCheck audit, could be audited. We all understand that, if we were to find another process, it would have to be of a quality and standard with which we would be satisfied. My fear is that finding such a process would delay the passage of this much-needed legislation, which I would like to see passed by the summer recess so that the tribunal can begin its work in the autumn.

Like Mr. Justice Meenan, I view this tribunal as a potential template for examining clinical negligence issues in future. He is undertaking a body of work on tort reform in general. I do not imagine that this is the last time we will be legislating in this area. Perhaps it is something that we will be able to return to, but I cannot currently find a way to broaden the scope that would be acceptable.