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

The surgical symphysiotomy payment scheme commenced on 10 November 2014. It was originally estimated that 350 women would apply to the scheme but 576 applications were accepted. Applications are being assessed by the former High Court justice, Maureen Harding Clark. The scheme has in the region of €34 million available and participants will receive awards at three levels, namely, €50,000, €100,000 and €150,000. The scheme was designed to be simple, straightforward and non-adversarial, and it aims to minimise the stress for the women concerned. It was designed following meetings with all three support groups, two of which have welcomed its establishment. It was established to give women who do not wish to pursue their cases through the courts an alternative simple and non-adversarial option in which payments are made to women who have had a surgical symphysiotomy irrespective of whether negligence is proven.

Ms Justice Clark has informed my officials that 206 offers have been made to women as of 22 May 2015, including one offer that was rejected. Some 194 of those offers had been accepted and 11 offers are awaiting a response. Of the 194 offers accepted by applicants, 118 were assessed at €50,000, 71 at €100,000 and five at €150,000.A large number of applications have been made without medical records or evidence of symphysiotomy and this information is being sought by Ms Justice Clark in order to progress the applications. Where there was a delay arising in the compilation of a woman's supporting documentation due to difficulty in obtaining medical records, applications were accepted by the scheme provided the application was received within the time period set out in the scheme with a written explanation of the reasons for the absence of the documentation.

The scheme is voluntary and women do not waive their rights to take their cases to court as a precondition to participating in it. Women may opt out of the scheme at any stage in the process up to the time of accepting their award. It is only on accepting the offer of an award that a woman must agree to discontinue her legal proceedings against any party arising out of a symphysiotomy or pubiotomy. Deputy Daly may be aware of a High Court judgment delivered on 1 May 2015, where the judge dismissed the claim for damages by a 74 year old woman who had a symphysiotomy 12 days before the birth of her baby in the Coombe Hospital in 1963. The judge ruled that even though the woman has suffered since the operation, the practice of prophylactic symphysiotomy “was not a practice without justification” in 1963. The judge also stated in his judgment that "Though I would in the words of Sir Ranulph Crewe, Chief Justice of England, 'take hold of a twig or twine-thread' to uphold the plaintiff’s case, I must find that this remarkable lady whose story indeed deserves to be told must fail in her case against the defendants".

While the Government is aware of the comments made by the UN Human Rights Committee, it believes that the provision of the ex gratiascheme, together with the ongoing provision of support services by the HSE, including medical cards, represents a fair and appropriate response to this issue.

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