Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The surgical symphysiotomy payment scheme commenced on 10 November. The Government has agreed that the scheme will also include payments for the small number of women who have had a pubiotomy. The scheme is designed to be simple, straightforward and non-adversarial, and aims to minimise the stress for the women concerned. Many are elderly and may not want to experience the delay, publicity and financial risks that sometimes come with a court case. I met the three support groups representing the women last September and their views helped to shape the scheme. The scheme is supported by two of the three groups.

Ms Justice Maureen Harding Clark, a retired High Court judge. has been appointed as independent assessor for the scheme. Ms Justice Harding Clark, from her previous work on the Our Lady of Lourdes Hospital redress scheme, brings valuable experience to the role of determining the appropriate level of award for each individual.

The symphysiotomy scheme is open to women who are still living and who underwent a surgical symphysiotomy or pubiotomy in the State between the years 1940 and 1990, although we have no evidence of procedures occurring after 1984. Awards of €50,000, €100,000 and €150,000 will be offered.

It is not a requirement to retain a solicitor to make an application. However, the scheme provides for applicants to have legal and other advice available to them in preparing to submit an application if they wish. Applications must be made within 20 working days of the commencement date, which was 10 November 2014. The closing date, therefore, is Friday, 5 December 2014. In exceptional circumstances, Ms Justice Harding Clark has discretion to extend the time for receipt of applications by an additional 20 working days, to Wednesday, 14 January. I do not think it is necessary to extend the closing date for the scheme at this time.

It is important to say that in the event of a delay arising in the compilation of an applicant's supporting documentation due to a difficulty in obtaining medical records, as Deputy Crowe alluded to, the application may be submitted with an explanation of the reasons for the absence of the documentation. It is still possible to make an application even if it has not been possible to put together the medical records at the time. The details of this provision are set out in the terms and conditions of the scheme on the scheme's website.

The judge reported that by last Thursday more than 60 women had applied for awards under the scheme. There are eight working days left to apply and I urge every eligible applicant or her representative to submit her application within the appointed timeframe. My Department will make payments in the case of seven women shortly and others should have payments before Christmas.

The scheme is voluntary and I want to emphasise that women do not waive their rights to take cases to court as a precondition to participating in the scheme. Women may opt out of the scheme at any stage in the process, up to the point of accepting their award. It is only on accepting the offer that a woman must agree to discontinue her legal proceedings against any party arising out of a symphysiotomy or pubiotomy. The Government hopes the implementation of this scheme will help to bring a resolution on this issue for the women concerned and their families.

The assessor and her team are willing to assist and advise any applicants or survivors in getting their paperwork together. If somebody does not want to accept the award offered, she can take her case to the courts and have her individual case assessed as to whether medical negligence is proven and an award is justified.

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