Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

The events, circumstances and life changing results that have been uncovered over the past three weeks with regard to the cervical cancer screening tests scandal have shaken Ireland to the core. In November 1990, Ireland moved progressively forward by electing its first female President, Mary Robinson. In her acceptance speech, Mrs. Robinson specifically thanked the women of Ireland for electing her saying she had been elected by the people who "voted for a new Ireland, and above all by the women of Ireland, mná na hÉireann, who instead of rocking the cradle rocked the system". The events and exposé of the last three weeks and the failure of the Government to act appropriately have well and truly shocked. The bravery of Vicky Phelan, Emma Mhic Mhathúna and Paul Reck has rocked this country's system to the very core. I applaud the bravery of all these individuals in coming forward. I am also very conscious of the women and men who have not come forward. Many are sitting at home still wondering in deep anguish about what could have been and, unfortunately for some, what will be.

There is a short window of opportunity here to try to restore trust. If this window is broken, not only will the cradle and system be rocked but the establishment that has underpinned the State since its foundation will be rocked beyond its very core. Citizens will not tolerate this corrupt and uncaring system any longer.

I have spoken on the issue of mandatory disclosure or duty of candour over many years.

In January 2015, my opposite number in Fianna Fáil at that time, Deputy Billy Kelleher, called at the health committee for the HSE, the State Claims Agency and the legal profession to be encouraged to embrace a culture of open disclosure and duty of candour. At that point I immediately stated that, "Encouragement is not enough." The focus has to be on the patient and there needs to be a legal duty to inform the patient. I stated further that encouragement suggested a voluntary code. What is required to happen is a legal duty of candour to prevent the State contesting cases that are beyond question. The vision of Vicky Phelan on the steps of the Four Courts and her bravery in her refusing to sign a clause of confidentiality will be forever remembered as a selfless act of great service to our country.

In September 2016 the Minister, Deputy Harris, said he was going to introduce legislation to enforce the HSE's guidelines for open disclosure in medical cases. The Taoiseach, Deputy Varadkar, who was Minister for Health prior to Deputy Harris, sidestepped the opportunity to introduce appropriate legislation in the Civil Liberty (Amendment) Bill 2015. I put it to the Minister that there can be no more "encouragement" and no more "sidestepping". Trust needs to be restored and Vicky Phelan, Emma Mhic Mhathúna, Paul Reck and the women and families of Ireland all require a duty of candour, at the very least in order to see the return of some level of confidence.

The anger I have encountered in communities since this scandal surfaced is unprecedented and I believe that is something all Members can confirm. I reiterate that failure to comprehensively address this scandal that has brought the most grave consequences for so many, will rock the system and will rock the establishment to a place it has never been before. In such a failure, the Minister, Deputy Harris, and his Government will end up on the political floor.

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