Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

More than once in the past the women concerned have left Leinster House feeling disappointed and let down by the political system. I sincerely hope that will not be the case again tomorrow night. I appeal individually to each and every Teachta Dála, regardless of where he or she sits in this Chamber, to support the women by supporting this Bill. I believe the appeal of the women is now being heard by the Government and it will allow passage of Second Stage. Such a decision would be a step towards justice and truth for the survivors of the barbaric act of symphysiotomy. It would mean the Bill would pass Second Stage in the Dáil and be referred to committee. There should be no question of shelving the Bill at this stage. I urge the Government to schedule Committee Stage as soon as possible and facilitate the Bill's passage, with amendments if required.

The Statute of Limitations (Amendment) Bill is brought forward in a non-partisan, non-party political way. It arises directly from the work of the all-party Oireachtas support group for victims of symphysiotomy which has cross-party and non-party support and participation. When I published it last week I acknowledged the significant and sincere contribution of Deputies and Senators of all parties and Independents in support of the campaign of the victims of symphysiotomy for justice in recent years. Having worked hard and well together, it is my earnest hope that we will see this critically important legislation safely across the line, to be fine-tuned, as required, by government in the Committee, Report and Final Stages of its passage.

We could fill the entire three hours of this debate in Private Members' time with identical accounts and it would still not suffice to convey the enormity of what was done to the women in question. It is estimated that some 1,500 women suffered this form of abuse in Irish hospitals between the 1950s and 1980s. In many cases, years passed before the women realised or were made aware of exactly what had been done to them. They had to live with the pain and trauma without any explanation being provided. Even today, women continue to come forward, albeit in small numbers, having heard the stories of fellow victims and realising that this too is their story.

The surviving women are now advanced in years. Most of the victims, approximately 1,300 women, have passed on, some of them only in recent weeks. To their families and the families of all deceased victims of symphysiotomy, we extend our continuing sympathy and solidarity. Ar dheis Dé go raibh a n-anam. As legislators, we owe it to the deceased survivors of symphysiotomy as much as to the estimated 200 living survivors to act now to support them, as we are empowered to do, by opening the way to truth and justice.

The Bill before us is necessary because the bar created by the Statute of Limitations sets a time limit of two years for initiating actions in personal injury cases. While judges in other jurisdictions retain inherent jurisdiction to allow cases to proceed where justice demands, Irish legislation provides no discretion to the courts in determining whether cases may advance. The State's refusal to deal with this abuse has left survivors with no option but to seek redress through the courts, although it has taken them several decades or more to amass sufficient knowledge to do so. A small number have never sought legal advice. Lifting the statute bar, as unanimously recommended by the Joint Oireachtas Committee on Justice, Defence and Equality in June 2012, would obviate procedural battles and ensure unfettered access for all to the courts. Unlike judge in other common law jurisdictions, judges here do not have discretion in respect of the statute bar.

The overwhelming majority of those subjected to symphysiotomy or pubiotomy were young women having their first child whose knowledge of childbirth was extremely limited. Many did not realise that the injuries they suffered were other than the normal effects of childbirth, nor did they understand for many years - in most cases decades passed - that these horrendous consequences were the result of childbirth operations that had been performed on them without their knowledge or consent. These were, in effect, clandestine operations which were concealed from them by sections of the medical profession. As a consequence of this lack of knowledge, some survivors have never initiated proceedings or even sought professional advice, while many others only did so decades after the wrongful acts to which they were subjected were committed.

The Bill will allow those women currently excluded from taking legal action to do so if that is their choice. It is based on the precedent of the Statute of Limitations Act 2000, which lifted the Statute of Limitations for sexual abuse victims of residential institutions. The wording of the Statute of Limitations (Amendment) Bill 2013 mirrors the wording of the 2000 Act section by section. It does not establish any new cause of action but lifts the limitation period for bringing proceedings in respect of existing wrongs, more than 75% of which were committed in private hospitals that were insured at the time and are, therefore, liable for the injuries inflicted.

This outstanding issue of truth and justice for women who were mutilated in the Irish hospital system is just as grave as the scandal of institutional child sexual abuse or the ordeal of women in Magdalen laundries. In all of these cases, the injuries and wrongs done to the women and children concerned was compounded by concealment, lies, denials and decades of silence from the State and, subsequently, inaction or long-delayed or inadequate action by the State when the reality was exposed. What was, in effect, a conspiracy of powerful and unaccountable men in the medical profession made the barbaric practice of symphysiotomy possible in Irish hospitals, with no protection afforded to the women concerned from the health system or any other arm of government. They were simply abandoned to their fate.

Let us not compound these crimes – for crimes they were – by further neglect in this Dáil. We must act as legislators first, rather than as members of the Government, Opposition or political parties. We must do so as law-makers who have a duty to represent the women in question and to ensure they have a clear path to justice and truth.

This is a test of our political system's ability to act on behalf of the people in acknowledging wrongs and putting them right. I again appeal to each and every Deputy to support this Bill. If it passes Second Stage, the Bill can go to committee and the Government can amend it - if amendment is required - and at last provide a way forward for these women.

I appeal to the Government to facilitate the passage of Second Stage by not dividing the Dáil tomorrow night. That is the least that we can do in response to the surviving women's appeal. It is the least that we can do in memory of all the deceased victims of this barbaric act. Let us show, together and proudly, that politics and politicians do care and can and sometimes do act in harmony in the interests of truth and justice.

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