Éamon Ó Cuív (Galway West, Fianna Fail) | Oireachtas source

When we look at how this situation arose we find that mistakes were repeated again and again by the system. In the beginning, we had a situation where we had laboratories of variable quality. The supplementary report published in June of this year outlines the issues regarding the laboratories. Those include the protocols, or non-protocols, involved in some cases and the difficulties with the tendering process. There seems to have been a total failure. That was bad enough but the system then compounded that failure.

We are literally talking about people's lives. I find it hard to understand a situation where people knew that mistakes had been made, and they were very serious errors, but they did not go back immediately and tell the people involved. I wonder how often this kind of thing is going to happen before we realise that it is terrible to have a sloppy system, which is what was involved in this case, but it is unforgivable not to act properly when the mistakes come to light. Nothing that we can do now is ever going to compensate people for the terrible wrong involved in this whole process.

Much credit has to go to the people who have taken the court cases, Vicky Phelan and Ruth Morrissey. I refer in particular to Vicky Phelan who went to court first and highlighted this whole issue. She brought this matter to national public attention. That somebody else had then to go to court so long after that original case became obvious and was decided shows the dysfunction of system. It is a system that seems to be all about rules and law and not about heart, compassion and admission of serious mistakes.

I hope that in setting up this tribunal its operation will be one of compassion, understanding and recognition of the small steps we are trying to take. We are not taking these steps to try to put anything right because it will never be put right. We are taking these steps to deal with serious and horrendous fall-out from what was a monumental series of errors. I also hope that the tribunal's powers will operate so that it will be easy for people to get a hearing. They are clearly identifiable. I also hope that the least intrusive and most compassionate approach will be taken to these cases. Unlike other tribunals we have set up in the past, this is going to be very limited regarding the numbers of people involved relative to the population. This tribunal is just to decide on what should be done regarding compensation and other supports for the people affected. There have been enough delays, mistakes, harsh treatment and the State getting involved in forcing people to go to court. What is needed now is that compassion, understanding and big-heartedness be the measure of this tribunal when it is set up, and not legalism, nitpicking and meanness.

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