Alan Kelly (Tipperary, Labour) | Oireachtas source

I raise with the Taoiseach this week, as I did with the Tánaiste last week, the issue of the women and families who are suffering as a result of the CervicalCheck scandal. We all know of the case of Lynsey Bennett last week. I am sure everyone in the House wishes her the best in her travels for immunotherapy.

I am genuinely asking these questions, as someone who has been involved in this issue for some years. Have we learned anything? Are we doing everything we possibly can for these families who were let down by the State? The Ruth Morrissey judgment in the Supreme Court changed everything. Ms Morrissey was an amazing woman. The HSE is now primarily liable for these cases where negligence is found. Why are these cases not being dealt with beforehand? Why are they not being dealt with far quicker? I know there are a large number of cases coming down the line.

Following the recommendation made by the Chief Justice to us as legislators, why is it not a requirement in the Government's legislative programme to change the Civil Liability (Amendment) Act to ensure that women are not faced with having to choose between taking cases or allowing their families to do so after they pass? This is not a tolerable or fair choice.

Why, in response to the issues raised by Ms Bennett and others, did the Taoiseach, the Minister for Health, Deputy Donnelly, and the Tánaiste state last week that the tribunal was the solution? We now know, because I asked a question and the information suddenly appeared in the media, that nobody has applied to the tribunal. It is not fit for purpose for reasons that the Taoiseach and I have discussed both publicly and privately. These cases will not end up at the tribunal and the majority, if not all, of them will end up in the High Court.

Why are women who are affected by this scandal having to fight to get immunotherapy drugs? Vicky Phelan was promised by then Minister for Health, Deputy Harris, that pembro would be paid for, rightly so. I worked with her to ensure that all other women who were affected would also get it. Why did Patricia Carrick, whose family the Taoiseach apologised to in this Dáil, have to fight for months to get pembro, despite being clinically approved? Why, last Friday, did I have to contact the HSE to ensure that Lynsey Bennett would get pembro, even though she has passed her tests and was clinically put forward?

Amazingly, because she was appearing on "The Late Late Show", all of a sudden it was approved.

Why is the Government going to take medical cards away from the families of all the women who have been affected? Would it not be more fitting to ensure that the medical cards for those family members who are affected by this are given to them for their lifetime? I do not believe anybody would say that that is not warranted.

See this speech in context