Thomas Pringle (Donegal South West, Independent) | Oireachtas source

I pay tribute to Deputy Ó Caoláin and the cross-party group that worked so hard to bring this Bill to fruition.

I also pay tribute to the survivors of symphysiotomy and their dedication, commitment and hard work over many years to get to this stage of the process.

This Bill will give the survivors one year to lodge a legal action against this barbarous procedure that was forced upon them. I welcome the news that the Government will accept this all-party Bill allowing survivors to take civil cases against the hospitals that assaulted them. However, I have concerns regarding the Government's indication that further processing of the Bill should await the publication of the final Walsh report.

No one can dispute the horror that more than 1,500 women, some as young as 15, endured during and after these so-called medical procedures which were practised in this country between 1942 and 2005. These operations were illegal and doctors ignored their legal obligations to seek patient consent to medical treatment which resulted in this untold misery and pain.

These women were denied their right to self-determination and bodily integrity, as well as their right to refuse medical treatment. Laws governing medical experimentation on human subjects were flouted. This cruel and torturous procedure was an extreme violation of their rights as human beings.

These operations were clearly negligent. Why wait for the final Walsh report to progress this Bill when we know that the draft report, which did not speak to survivors and did not examine their medical notes or analyse the published case histories of symphysiotomy, found that 97% of these operations were medically acceptable? This was overturned last year in Kearney v. McQuillan, where the Supreme Court ruled that symphysiotomy was not a generally approved practice. That is a judgment which applies across the board and clearly shows that there is no need to wait for the final Walsh report.

I also question the suggestion by the Minister that there are flaws in the Bill. This Bill was modelled on similar legislation in 2000 which raised the Statute of Limitations for survivors of abuse in residential institutions. Where are these flaws?

Symphysiotomy ruined lives, let there be no doubt about that, leading to long-term health problems such as walking difficulties, incontinence, bowel and bladder injuries, organ prolapse, chronic pain and mental health issues, as well as placing significant strains on relationships. These operations were performed on the State's watch, and it is the State's duty to address what these victims need as soon as possible. They have waited long enough and time is not on their side.

This Bill would allow these mothers to take civil cases against the hospitals that harmed them. That is another process and another journey in itself and it will take a long time for each individual case to be brought before the courts. They need and deserve the all-clear from this House to go ahead and take these cases and begin the next journey. They need action from us now.

Around 1,300 survivors have already gone to their graves without ever seeing justice, with approximately 200 survivors alive today, many of whom are in their 70s and 80s. Let us not delay their fight for justice any longer. The Government has shown it can process legislation quickly and it should ensure the Minister acts now to make this happen.

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