Maureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

The Government is dealing with a number of legacy issues that were neglected by previous Governments. Progress is being made, which makes it all the more vital to get it right. The concerns and issues I want to address are those which arise for the ladies who suffered the most appalling procedure of symphysiotomy. Many of us have met them; we have listened to their stories and had a debate here when some of them were present in the Visitors Gallery. I acknowledge the work of Deputy Caoimhghín Ó Caoláin who chairs the Oireachtas group in this regard.

The ladies in question had so many expectations and hopes the payments scheme would lead to justice for them, but, most regrettably, that is not their view of the scheme that has emerged, in which they have identified serious shortcomings and defects, the most serious of which is that the scheme is not in keeping with the concluding observations and recommendations of the United Nations Human Rights Committee. For example, there are oppressive timeframes. There is a deadline of 20 days, from 10 November, which, in exceptional circumstances, to be decided by the assessor, can be extended by a further 20 days. This is very different from the scheme for hepatitis C and residential institution survivors. In addition, there is no right to appeal to the courts when the assessor decides a sum, the levels of payment fall far short of what has been awarded in the few cases decided through the courts and there is no reference to a thorough and independent investigation of the practice of symphysiotomy.

All of us who have listened know about the inhumane, cruel and degrading treatment the ladies in question suffered. It is made all the worse by the fact that it was a treatment that was needless, a treatment about which they knew nothing and a treatment in which they had no hand, act or part during the entire procedure. The pain did not finish with the procedure; it continued and continues to this day for them. It is vital, therefore, that we get the scheme right for them in the interests of justice. How can the Taoiseach say they are receiving justice when 99% of the survivors are objecting to the scheme? Will he support their call for it to be withdrawn and replaced by one that meets the recommendations of the United Nations Human Rights Committee?

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