Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

The purpose of the CervicalCheck tribunal was to foster and rebuild trust between women and the health services as an alternative option to the courts dealing with claims against the State. It was supposed to be a forum where women affected by the CervicalCheck scandal and their families and survivors could give an account of their experiences and be compensated for the dreadful failings to which they were subjected. Instead, it was a process that was badly put together because it did not meet the wishes of the women concerned and their representative groups.

What is the point in extending the claims period if the concerns about which women have been very vocal are not addressed? Concerns were raised about the adversarial nature of the process. We need to know what other options for mediation have been explored. The State should be prepared to settle rather than contest claims where it is clearcut. Where possible, the laboratories should be pursued separately. The State should not use the survivors to do the work for it. All of this is borne out of fact that as of the end of May only three claims had been made to the tribunal. To put that in relative terms, it equates to 1.2% of the eligible claims which could be transferred from the High Court.

We must ensure that no woman or her family is statute-barred from making a claim due to the delays in setting up the tribunal. My colleague, Deputy Cullinane, has tabled an amendment to permit a claim to be heard where a person may be statute-barred. Sinn Féin is also seeking to permit anyone who may have grounds for a claim, whether or not an award was previously made or where there is recurrence, to be heard by the tribunal and to provide for the tribunal to determine if a future award is warranted. This must be explored by the Minister and his conclusions must be communicated transparently. Ultimately, it is important that the tribunal has the confidence of the women and their families and that the women affected are given answers and justice.

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