Alan Kelly (Tipperary, Labour) | Oireachtas source

The Leas-Cheann Comhairle need not worry. I will give the Tánaiste another go on the issue.

The Tánaiste's use of language was a bit unfortunate. This is not a confrontational issue and I think he misspoke when he used the word "trial". They certainly are not trials. My heart dropped, as, I think, did that of everybody in the nation who watched the video of Lynsey outside the court. It was another woman failed by the State over the misreading of her slides. She is 32 years of age. She is fighting for her daughters Zoe and Haley. I have a number of questions and I have put solutions to the Government. Why is she being dragged through the High Court fighting when she should be spending time with Zoe and Haley? Negligence was found here. Why is the Government and, dare I say it, the previous Government continuing to treat women like this? Why, three years after the Tánaiste stated on the "Six One News", which I remember watching live, that women would not have to go through courts are there an estimated 200 more cases lined up?

It is two months since poor Patricia Carrick, may she rest in peace, passed away. I remember the Taoiseach offered yet another apology. Her family had to go into the courts after she passed away to instruct on her payment and get €2.75 million. The landmark Morrissey judgment was appealed by the State. It should never have been appealed and I, and possibly one or two others in the House, opposed but no other party did so. The State lost. That judgment changed the criteria whereby the HSE is liable. I have to ask a question based on the inertia from the Minister, Deputy Stephen Donnelly, and the Government. Is the State Claims Agency literally waiting for women to die because it will be cheaper for the State because of the law, which the Chief Justice has said needs to be amended, whereby the next of kin pursuing cases will not get the same amount of award?

The Tánaiste asked for solutions in his previous contribution. Last September, I sent the Minister, Deputy Stephen Donnelly, a civil liabilities (amendment) Bill to deal with this issue and I said I would work with him. There has not been an iota. The Taoiseach rang me about this and explained it all but not an iota. Not alone this but the Minister, Deputy Stephen Donnelly, could not even engage properly to fulfil the requests of the 221+ group on the CervicalCheck tribunal, which is now out also for an overwhelming majority of women. This is proven by the fact there are almost 200 cases lining up in the High Court.

Will the Tánaiste and the Government direct the State Claims Agency to act in a humane and quick way for all of the women where negligence is not being disputed so that Lynsey and all those who follow her will be treated in a better way and allowed to spend their precious time with their families?

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