Dáil debates

Thursday, 26 January 2017

11:15 am

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent) | Oireachtas source

In his statement, the Minister urged us to read Ms Justice Harding Clark’s report, pointing out it was unfettered by the Government. He said she could have simply administered a payment scheme but she chose to use her judicial skills and experience, and that of her clinical team, to examine all aspects. That is shocking. She was given a job to do which was to administer a compensation scheme.

I have read the report and, given my previous life in law, I am absolutely shocked at its tone and the fact the judge went completely outside her terms of reference. “Abuse” is a strong word, but the language in the report is one of abuse, pointing out to women that they are not believed when the majority who came forward showed they had a symphysiotomy. Of those who could not, the figure is fewer than the judge claimed. It was in fact 58. The fact she repeatedly used a substantial section of the report to say these women lacked credibility - perhaps not in that language but that is what she inferred - is shocking. Not only that, these women were subject to outside influence of a nature which overwhelmed them. She did not focus on the fact that of the 590 applicants who came forward, the majority had the operation and suffered.

Interestingly - the judge does not dwell on it - symphysiotomy was an unnecessary procedure in the UK. The report actually stated “in the major public hospitals in Liverpool, Leeds, Manchester, Glasgow ... where significant communities of Irish Catholics lived”, there was no necessity for symphysiotomy. That in itself deserved three chapters as to how that could possibly have happened and what led to it.

The Minister should take his own recommendation and read the report

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