James Reilly (Dublin North, Fine Gael) | Oireachtas source

First, I wish to put on the record of the House that I have met the survivors of symphysiotomy on several occasions during the period to which the Deputy refers. Second, no one is coercing anyone into anything. To effectively and comprehensively provide indemnity to hospitals and their patients in the event of a medical mishap, the State introduced the clinical indemnity scheme in 2002. The scheme is managed by the State Claims Agency and provides a robust system for managing eligible claims that arise nationally from that date.

Indemnity in respect of claims made relating to incidents occurring prior to the introduction of the clinical indemnity scheme in 2002 is a matter for the individual hospitals concerned and their insurers. The Government at the time decided that the clinical indemnity scheme should not apply retrospectively given that individual hospitals and doctors would have purchased indemnity from insurers on a commercial basis and insurers have an obligation to fully provide the cover which had been purchased. It is important to remind ourselves of that fact. Insurers have an obligation in this regard.

The master of the Coombe Women & Infants University Hospital informed the Secretary General of my Department in April last year that the hospital had issues relating to insurance cover prior to 1961. Since this matter has arisen in the context of legal proceedings the Department cannot comment on indemnity obtained by either the hospital or the medical practitioners involved in respect of any individual claims. Indemnity is a complex technical issue and a range of indemnity and insurance arrangements are in place for hospitals from before the establishment of the State's clinical indemnity scheme. My Department together with the State Claims Agency will continue to monitor the position in respect of historical claims against the Coombe hospital.

Since coming into office I have endeavoured to satisfactorily facilitate closure for approximately 250 women affected by symphysiotomy. On 26 November 2013 the Government approved the appointment of the retired Circuit Court judge, Yvonne Murphy, to assist in setting out a possible course of action in respect of women who have undergone surgical symphysiotomies. Judge Murphy commenced a review of the issues relating to symphysiotomy in December and submitted a report to me in mid-March. I am examining the report and its recommendations and I intend to bring a memorandum to Government in the coming weeks in order that a decision can be taken as early as possible with regard to the next steps. Any proposals brought to Government will take into account the findings of the independent research report, Symphysiotomy in Ireland, 1944 – 1984, commissioned by the Department, otherwise known the Walsh report, along with any other relevant information. It is also intended that the Walsh report would be published once the Government has decided on its response to this complex and sensitive issue.

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