Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

The Irish public, especially the women of Ireland, have been genuinely shocked at the failure to inform Vicky Phelan and many other women of the false negative screening results of smear tests which they undertook, and also at the appalling manner in which Vicky Phelan was treated since. It is particularly objectionable that she was forced all the way into the High Court before settling her case. The State denied until then that a breach of duty occurred in not informing her of the false negative smear test. The State and Minister subsequently apologised after the court settlement.

It is genuinely shocking that the Minister for Health, Deputy Simon Harris, was not informed about the case by his departmental officials until Monday, 16 April in a memo which referenced wider issues. He should publish the memo, as agreed. I am disappointed that we have not yet received it. Deputy Stephen S. Donnelly and I had discussions this morning with the Minister and his officials, during which it was revealed that there had been intense discussions between departmental officials and CervicalCheck about the case in advance of it being brought. However, the Minister was not told about these discussions. What was their nature and why was the Minister not brought into the loop at that point?

We know that in July 2016 the former clinical director of CervicalCheck sent a letter to clinicians in which a three-point plan was outlined. The last of the points was that in cases in which a woman had died, the clinician should simply ensure the result was recorded in her notes. It was that clinically cold. One could argue that the intention of the plan - to deprive a family of such vital information - was illegal. The senior management team of CervicalCheck would have been aware of and approved the plan. The question is who else at senior level in the Health Service Executive, CervicalCheck and the Department was aware of it.

The memo prepared for the Minister anticipated adverse publicity in the event that the case became public. Some of the information in it appears to be inaccurate and false, as it gives the sense that women were informed of their results. However, we now know that, contrary to the impression I got from the memo, women were not so informed. The failure of the Department and, latterly, the Minister when he was informed to anticipate the earth shattering nature of the case is very worrying. The frenzied reaction and appalling communications of the State and its services since have created genuine worry and shock across the country. It took so long to find out how many women had died. Seventeen women whose cases were reviewed have died and up to 162 were not told their results. There have been 8,000 calls to the CervicalCheck helpline. The failure to anticipate this matter in order to prepare for it and have the homework done in advance of the case becoming public is genuinely shocking and must be reflected on.

Three years ago, in November 2015, it was announced that open disclosure would be legislated for in the context of the health information and patient safety Bill and that a packet of measures would be brought forward by the Taoiseach in his then role as Minister for Health. The Bill has not yet been completed. This morning the Minister and his officials stated there was a culture of paternalism within the medical profession. The Bill was brought forward after the scandal surrounding the death of a baby in Portlaoise. Nearly three years later, it is extraordinary that it has not been progressed and that the open disclosure commitment made by the Taoiseach, on which he subsequently changed his mind, has not been provided for.

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