Tom Fleming (Kerry South, Independent) | Oireachtas source

Symphysiotomy was a barbaric and unnecessary medical procedure in the 20th century in a supposedly civilised society. Ireland was the only country in the developed world in which these high-risk procedures were carried out in the past century. Approximately 1,500 procedures were done in this country. Fewer than 200 of those who underwent them survive today. Down through the years, they endured exceptional pain and in many cases, disablement and discomfort.

The temporary lifting of the Statute of Limitations will ensure victims access to the courts. If the statute is not lifted now, it will deprive many of justice, not to speak of the hundreds of deceased victims who were never acknowledged nor received any form of compensation, and in many cases never received proper medical assistance from the State that would have made their lives somewhat easier.

It seems beyond belief that these women were used as guinea pigs in Irish hospitals by professional practitioners with a view to perfecting the procedure and exporting it to Africa and India. The operation was also for teaching and training purposes. It is criminal, to put it mildly, how this was allowed by the masters of the maternity hospitals.

This brutal act was carried out without the mothers' knowledge or consent, and in many cases it was only much later in life that these women became aware, having led devastating lives in the meantime and with a legacy of health problems. The vast majority of the victims were young women, in many cases having their first child, whose knowledge of childbirth was extremely limited. Many did not realise at the time of the operation or any time soon afterwards of any wrongdoing. In the majority of cases the facts were concealed from these women for decades by sections of the medical profession. In a significant number of cases, the medical records have been destroyed, lost or otherwise made unavailable.

The 1957 Act provides for the extension of the two year limitation period in cases of persons under a disability and the careful design of the Bill ensures it is fully in line with the Constitution and does not infringe on the prerogatives of the Judiciary. The Kearney v. McQuillan Supreme Court decision delivered in July 2012 reaffirmed the decision of Mr. Justice Sean Ryan in the High Court. The Kearney case is the first time an institution of the State has declared that symphysiotomy is not an acceptable operation in Ireland in the prevailing circumstances. Mr. Justice MacMenamin, on behalf of the five judges on the Supreme Court, declared that evidence provided that it was not a genuinely approved practice and the performance of this surgery was deeply and fundamentally flawed in a way which should have been obvious to any doctor of similar skill or specialisation.

The Bill is long overdue. It is time to expedite the Statute of Limitations (Amendment) Bill and not to procrastinate any longer. In any other civilised country this matter would have been addressed long before now. I thank Deputy Ó Caoláin and the Sinn Féin Party for putting forward the Bill and for the Deputy's efforts with the committee in expediting this.

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