Alan Kelly (Tipperary, Labour) | Oireachtas source

Ruth Morrissey was a national hero. She fought the State not once but twice. I received news of her passing from Vicky Phelan on Sunday morning. My condolences go to Paul, Libby and all of her family and friends. The Taoiseach's predecessor, the current Tánaiste, said on "Six One News" after Ms Phelan came forward that no woman would have to go through this again. It has never happened. He should never have said that. He could not deliver it. Ruth Morrissey subsequently spent 36 days in the High Court while terminally ill. She won. Mr. Justice Kevin Cross uttered a now famous phrase referring to "absolute confidence" in testing. In the High Court, the State never contested or even commented on this famous phrase which caused so much consternation.

On 3 May, Ruth said she was proud that no other woman would have to go through this. I know because she said it to me. However, a frenzy followed, led by some people in the medical profession, some people in politics and a small minority in the media. We heard that screening would collapse if this was to be the standard. Despite not even commenting in the High Court, the State contested this clause. As we all know, Ms Morrissey won again. Chief Justice Clarke said it was obvious that many people had not read the judgment.

The State should have apologised after Ms Morrissey won, not today. I know some people's words are well-meaning, but today is not the time. It is too late. Paul Morrissey made that quite clear. The Taoiseach's statement the other day, saying that it was very sad that Ruth had passed away but he had made an apology, was a crass statement. The Tánaiste's statement was a crass statement. The apology that was issued in this House in October of last year did not apply to Ruth Morrissey, because the State was taking her through the courts at the same time. That should never, ever have happened and we as a body politic need to reflect on it. Some professionals in our health service need to reflect on it, as do a small number of people in the media. Testing did not fall apart. In fact, Ruth Morrissey's biggest legacy is that she enforced the standard that applies in the UK for the women of Ireland.

That is her legacy.

A number of people have asked what would be the best way to ensure that legacy. I can tell the Taoiseach that the best way to ensure her legacy is to do three things. The first one is to change the Civil Liability Act to enable dependants of a dying person to claim for losses in one action rather than having to go through the courts again after the person has passed away. I know this is what Ruth Morrissey wanted because she told me so on 19 March. The second thing to do is to ensure testing is brought home. Third, we must ensure that the tribunal, which is not functioning, is not an adversarial tribunal, which it quite evidently will be unless it is changed.

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