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 see what Deputy Smith is trying to do in her amendment. The Statute of Limitations continues to apply in terms of access to the courts, so obviously it is the same Statute of Limitations as for anybody else and as for any other issue, which is two years from the cause of action. In regard to the tribunal, when we asked Mr. Justice Meenan to do his work, one of the things that came back from the report, and from his engagement with patients and others, was that this should be more timely, more efficient and more speedy than the court system. We have tried to time-limit this tribunal so women can get answers quicker and we have picked a figure of nine months. I am satisfied that is appropriate.

It is different from Deputy Kelly's point, and I think Deputy Kelly has a point that I will need to return to on Report Stage. If the tribunal says, for a variety of reasons it cannot help a woman involved or the tribunal says it cannot take the case, what the Deputy is suggesting is that there should be a period of extra time in addition to the Statute of Limitations to allow a woman to talk to her lawyer and her family and consider the issue. I think that is right. We might not agree on this entirely and the six months might be too long for different reasons. I need to engage with colleagues on that. While Deputy Kelly can resubmit his amendment in regard to a period of six months, I am committed to bringing my own amendment on Report Stage that will provide for an additional period. It is likely to be less than six months but I have not landed on a figure yet.

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