Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy very much for raising this issue again. I agree with him that it is not something we should be sparring about. It is too sensitive for that. My thoughts are with Lynsey Bennett today and particularly with her daughters Zoe and Haley. I hope her treatment goes as well as possible and that she gets as much time as is possible with her daughters. I do not know the details of this case because, as the Deputy knows, once things go to law they are handled by legal people rather than politicians. I understand from media reports that the case was settled. I am sorry it was not settled sooner. I do not know whether it could have been settled sooner but it is a good thing that it was settled. The term "trial" is a legal term. It applies to any court hearing but I accept that may not be the way people hear it so I am happy to rephrase and use the term "hearing" rather than "trial" because perhaps it is more sensitive.

Like I have said, I am not familiar with the details of the case and, therefore, I do not want to comment on it. When something goes to law, by law it is handled by the State Claims Agency. That law was passed by the Oireachtas. The answer to the Deputy's question on whether the State Claims Agency can be directed to deal with cases in a humane and quick way where negligence is not disputed is "Yes". I have done this at meetings with the head of the State Claims Agency. I am sure we can we emphasise and reiterate this point again. Where negligence is not disputed, these cases should be settled quickly, sensitively and in a humane way. I absolutely agree with the Deputy in this regard. Where a problem will arise is where facts are disputed. That will happen in some cases where the doctors and scientists will say they did not misread the smear, and they are also entitled to have their side of the story heard. We do not want that to happen in courts. This is why we established the CervicalCheck tribunal. This has now been established and it will allow cases to be fast-tracked. It will allow them to be heard in a more sensitive way and, hopefully, it will produce quicker and better outcomes for the women concerned.

The Civil Liability Act it is under review by the Government and the options are being considered. It is a complicated legal area, as I understand it, and there are issues about retrospectivity. It is something that is being examined by the Government.

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