Niamh Smyth (Cavan-Monaghan, Fianna Fail) | Oireachtas source

Fianna Fáil hopes that the publication of Ms Justice Maureen Harding Clark’s report, The Surgical Symphysiotomy Ex GratiaPayment Scheme, will bring some closure to the women who were so badly affected. We believe the scheme was a genuine attempt to try to bring a resolution to this matter. Many of the findings of the report made for very distressing reading. The practice of symphysiotomy had stopped In other countries for many years but, unfortunately, continued for some time later in Ireland. The procedure has caused debilitating physical, psychological and huge emotional side effects for many women who have had decades of medical problems as a result. It is to be hoped they will be able to access the treatment and supports they so badly need. Unfortunately, four of the women passed away before the report was published. Thankfully, symphysiotomy is no longer an accepted practice in obstetrics and it is crucial that the medical professions have learnt lessons from the past.

In 2014, the UN Human Rights Committee recommended that, “The State party should initiate a prompt, independent and thorough investigation into cases of symphysiotomy, prosecute and punish the perpetrators, including medical personnel, and provide an effective remedy to the survivors of symphysiotomy for the damage sustained, including fair and adequate compensation and rehabilitation, on an individualized basis.” Ms Justice Maureen Harding Clark’s report on the surgical symphysiotomy ex gratiapayment scheme was published in November. The scheme was aimed at women who underwent a surgical symphysiotomy in the State between 1940 and 1990. It had been anticipated that in the region of 350 women would apply to the scheme, but in fact 590 applications were received. Ms Justice Harding Clark encouraged women who believed they had had a symphysiotomy to apply to the scheme, advising them that they did not give up their right to pursue their case through the courts. I would like now to read an extract from the report:

All objective evidence received or obtained was carefully considered and any doubt was applied in an applicant’s favour. If an applicant identified a specific disability, her subsequent delivery records and her GP records were examined for evidence of any treatment or investigation capable of supporting the fact of that disability. The applicant’s personal statement was reviewed and considered in the totality of the evidence. That is not to say that all statements and reports were accepted uncritically.

I must confess to a feeling of sadness for those applicants who somehow believed that they were victims who had survived a symphysiotomy only to learn that they were mistaken and that their recollections were based on error. Elderly women should not have to face such emotional turmoil. I have no doubt that some of them spent good money presenting their claims, which cannot be recouped. Those who have been active in representing themselves as victims to the media must now retrace their lives and this, understandably, must be upsetting.

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