Dáil debates

Tuesday, 1 May 2018

2:50 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour) | Oireachtas source

I have a second question. I have re-read the Act that established HIQA. It is very constraining in terms of what the authority can do. It refers to how HIQA must ensure that an investigation does not interfere or conflict with the functions of any other statutory body. HIQA can appoint an approved person with the approval of the Minister. It has limited power to demand production of relevant documentation. It has no power to direct the attendance of a witness, to direct a witness to answer questions or to demand or receive sworn evidence. Witnesses are not given any immunity in respect of the evidence they give. In the absence of any provisions, it is unlikely - I am advised legally - that the authority can come to any adverse findings against named individuals that might be contested. That is not appropriate to address the degree of issues that are rocking the country right now and I call on the Taoiseach to think again on that.

The first priority is to provide reassurance to women today. In truth, the only rechecked smear tests that we know about - the Taoiseach may say there are others - are for the 208 women who got cancer subsequently. They have been rechecked. I would love to hear some reassurance on that point. In the case of all the other smear tests, has there been a systematic recheck? Can the Taoiseach give reassurance to women who are looking in that their smear tests have been rechecked too and that there is no concern? The Taoiseach says that any woman who has a concern can have another test. Is it possible to have rechecks for the thousands of women who may want that now? Is that a practical proposition? How should they go about it?

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