Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank Deputies Bernard Durkan and Anne Rabbitte for their contributions and for their overall support for the CervicalCheck Tribunal Bill. I commend them on their measured and compassionate response to this particular issue.

I listened carefully to the speakers in the debate and the Minister for Health, Deputy Harris, and I will consider the issues that have been raised. We look forward to engaging with Deputies to do all that we can to ensure the swift passage of this Bill to enable these sensitive cases to be dealt with in a new forum that will be less adversarial than a court setting. I also commend the other Deputies who made contributions.

I note the proposed amendments mentioned by Deputy Donnelly and I acknowledge Deputy O'Reilly's indication that she and her party will table amendments to the Bill. The Minister and I will engage further with Members on those amendments.

I also want to acknowledge the concerns raised by Deputy Mary Butler relating to delays experienced by women. Some Deputies raised concern that this legislation has been too long coming. Others suggested that the Bill has been rushed. Obviously, there is a delicate balance to be struck, and I acknowledge both concerns. I believe we have had adequate time to consider the issues and have moved quickly to act on Mr. Justice Meenan's recommendations.

Deputy O'Reilly is correct that this is a new process. I agree that we need to listen to women, as Deputy Rabbitte stated. I understand that the Minister has reached out to the 221+ women and that a meeting and briefing will be arranged in the coming days.

The central purpose of the Bill is to implement the recommendations of Mr. Justice Meenan on an alternative system for dealing with claims arising from CervicalCheck. This tribunal is fundamentally different in character from tribunals of inquiry with which we have become familiar. It will hear and determine liability in regard to claims, subject to the consent of all parties, and will make awards in line with the principles governing awards in the High Court. This new process will have significant benefits for those people wishing to take a claim by adopting pre-claim protocols and practice directions that will make the hearings move more quickly and in a less adversarial forum than the High Court.

The tribunal will uphold the principles of justice and will only make findings of negligence where the evidence, considered to High Court standards, warrants such findings. These findings will be subject to High Court confirmation and can be appealed to the High Court, and thereafter to the Court of Appeal, on a point of law. The tribunal's hearings will be held in private except where the claimant requests otherwise and the tribunal agrees. This respects the privacy of the women concerned while ensuring that they are empowered to go public if they so wish.

In regard to the Ruth Morrissey appeal, to which Deputies Rabbitte and Kelly referred, Ms Justice Irvine has indicated that she will not begin hearings until the Supreme Court has issued its judgment in this case. We do not expect that this will cause any delay as the tribunal can begin pre-claim work in the interim and is unlikely in any case to be in a position to hear claims for logistical reasons until later this year.

In regard to the non-adversarial issue, I acknowledge that the tribunal will not be a fully non-adversarial process or a compensation tribunal. All women taking cases relating to CervicalCheck will continue to be offered mediation and I hope that many of these cases can be resolved in that way. I know that some already have been resolved. As Mr. Justice Meenan stated in his report, given the issues of liability that arise in the CervicalCheck claims, a redress scheme would not be appropriate.

In introducing the Bill, the Minister of State, Deputy Jim Daly, underlined the importance of moving forward with this legislation to set up a structure to deal promptly and fairly with the cases that have arisen out of the CervicalCheck audit process. This tribunal is a key part of our collective response to the CervicalCheck cases and enacting this Bill sends the message that we have listened to the concerns expressed by women who have taken cases to court and acted to provide an alternative, less adversarial solution.

I again underline the important features of this tribunal that distinguish it from the court process. As well as practices and procedures, the Bill provides for an independent facilitator who will convene restoration of trust meetings between women and their clinicians. This facility will be independent of the tribunal, the Government and the HSE and will provide a space where the experiences of women can be heard and can engage meaningfully with clinicians in a safe environment. This function will be available regardless of whether a woman chooses to take a case to the tribunal or the courts. It will also be available to women whose cases have already concluded. Deputy O'Reilly raised this point. Where trust in medicine, the screening programme or the State has been damaged, it is vitally important that we take steps to rebuild that trust.

The Minister and I look forward to our continued work together on the CervicalCheck Tribunal Bill, and as we move forward on implementing the recommendations of Dr Scally, including the move to primary HPV screening and the enactment of the Patient Safety Bill, which will provide in law for mandatory open disclosure in respect of serious patient safety incidents. On behalf of the Minister, Deputy Harris, who cannot be here, I stress that we all have a duty of care to work on behalf of all our citizens.

From contributions here it is clear that public representatives in this House have the same view of the importance of acting to deal with this promptly and sensitively. I thank Members and the Ceann Comhairle for the work that has been done in allowing the Bill to be brought to the House. I also wish to acknowledge the support of the Attorney General and his officials who have worked to develop the wording of the Bill that it could be brought to the House this week.

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