Réada Cronin (Kildare North, Sinn Fein) | Oireachtas source

The CervicalCheck scandal is a scandal in which many people become seriously ill and die. We very much welcome this legislation and the opportunity to speak on it. We have no issue with what is in the Bill, as such, or with the amendments but we have a serious issue with the absence of the duty of candour in the Bill. We need open disclosure. We must have an obligation on the clinician to inform the patient when something arises and is found. The onus cannot be on the patient. We need a system whereby the patients are notified as a right.

We are coming up to Christmas when many of us talk about empty chairs at the table. Politicians love to get all poetic when they are talking about Christmas. Most people in Ireland will never forget Vicky Phelan because she did without something to make sure women found out the truth. I am an egalitarian republican. I do not get excited about people, put them on pedestals or think they are great. However, when I met Vicky Phelan at a Strictly Come Dancing event in Dublin a couple of years ago, I went up to her because I admired her a great deal for being prepared to do without something in order to stick up for Irish women. We are not used to people sticking up for us as Irish women.

This legislation is about Vicky Phelan. It is not long since we all stood up in the Dáil and remarked on how she did not wish anybody to give accolades to her. She wanted accountability. The truth is that Vicky was failed by the system. Elected women are not here just to bring a few colourful jackets into the Chamber. We are here to tell people how it feels. It felt really good to have Vicky Phelan. I remember when she spoke on the court steps about how she was prepared to stand up for women and the problems with CervicalCheck. Women rely on screening such as this. We know that when we go for our cervical check, which is horrible - I hate it - it is not 100% and is just a screening. However, the problem with this legislation and the anonymous programmatic audit is that Vicky Phelan would not necessarily have found out about her illness if it had been in place at the time. People are saying it feels like the tribunal all over again.

It seems that even after what Vicky Phelan did, the culture - the patriarchal attitude - is still the same. Even since I became a Deputy, I have noticed all the hallmarks of patriarchal rule in this State. We have had debates on mother and baby homes and we spoke about maternity leave for councillors the other day. It is very important for people to listen when women stand up to talk. Vicky Phelan was not afraid to use her voice. She was marvellous. I do not like to make it personal about her but it is personal. There has to be collaboration.

It seems that the Government will chase people to the death to keep them quiet about the open disclosure aspect of this matter. As many people say, it is not really about the money or about suing; it is about ensuring it does not happen again. Many people who were caught up in the cervical smear episode really showed that their priority was to make sure it did not happen to women again. I very much hope the Minister listens to this. The onus cannot be on the patient. At present, there is no obligation on the practitioner to disclose the information to the patient. We just cannot accept that.

Women were forced into court even though the Minister for Health said clearly that this would not happen. He forced them into court and used the patients' money to keep them quiet. He knows it is a bottomless pit because we, the people who pay our taxes, are the cash cow that keeps the State defending the indefensible so many times. The absence of a statutory duty of candour just shows the dysfunction that is still there. I hope the Minister will rethink this. I have found him to be a Minister who listens. I hope he will see how passionately people feel about this. We appreciate him giving the extra time but the Bill as it stands is really not good enough.

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