Dáil debates

Wednesday, 15 February 2012

Other Questions

Patient Redress Scheme

3:00 pm

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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Question 6: To ask the Minister for Health if he has yet to achieve a mechanism, as promised in the Programme for Government, to compensate those women who were excluded, a significant number of these on age grounds alone, from the Lourdes Hospital redress scheme; and if he will make a statement on the matter. [8342/12]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I thank Deputy Ó Caoláin and his party leader, who may have gone up to the Gallery, for raising this matter. While we have our issues of dispute, we also have our areas of agreement and this is one area in which we were both involved prior to last year's general election. I am committed to finding a mechanism to compensate those women who were excluded on age grounds alone from the Our Lady of Lourdes Hospital redress scheme. My proposals for dealing with this sensitive situation are at an advanced stage. My Department is in discussions with the Office of the Attorney General and it is my intention that, barring any significant legal impediments, the proposals will be brought to Government in the near future.

I want to ensure that a robust and accessible mechanism is put in place to fulfil the Government's commitment to the women involved. I am working to bring this about and there will be consultation with Patient Focus on the matter.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I acknowledge the Minister's reply and I want to stay in a positive vein. I welcome the Minister's reaffirmation of his and the Government's commitment to ensure that the excluded 35 women are to have their cases not only acknowledged, but also properly compensated. I recall that we shared a platform on 25 January 2011 along with the Minister of State, Deputy Jan O'Sullivan, when a commitment was made. That was reiterated in the programme for Government and the Minister has made it again in a meeting with representatives of Patient Focus and some of the women who were subjected to some of the terrible atrocities carried out by Mr. Michael Neary in Our Lady of Lourdes Hospital in Drogheda. I understand that arising from that there was an expectation of an ongoing engagement and a letter was sent to the legal representative for the women on 3 November which stated that proposals had been formulated by the Department. That was a particularly straight statement and the Minister's response indicates his proposals are at an advanced stage. I ask him to clarify the position.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I thank the Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I ask him to take on board that the Patient Focus representatives and the women themselves have not yet been engaged with by the Minister or his departmental officials on the enactment of the proposals. There is real concern that the commitment in the programme for Government refers to the age grounds alone. Of the 35 women excluded, 29 were excluded on age grounds alone. However, there were six others of the 35, including two who lost children in very distressing circumstances and under the same hand-----

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I thank the Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----for whom the absolutely unnecessary procedure was carried out without consultation with them and-or their husbands.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I call on the Minister to reply.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We seek clarification and certainty that we will not now exclude anybody else from among this number.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I thank the Deputy.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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We have always spoken about 35 women.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The commitment in the programme for Government is very clear and it defines the people concerned who were excluded on age grounds alone. In further meetings with Patient Focus I gave an undertaking to review the other cases and that review is ongoing. The Deputy has asked for some certainty and clarity on how much longer this process will take. Having spoken to officials no more than ten minutes before I came in here, my understanding is that it will be in the next few weeks. I would hope there would be engagement with Patient Focus and that the recommendations could be brought to Cabinet. I hope that clarifies matters for the many women who suffered at the hand of an individual who was clearly dysfunctional and did untold damage to many people's lives. As a past member of the medical profession that is something about which we are all deeply ashamed.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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In the words of the Patient Focus spokesperson, Shelia O'Connor, all of these women, without exception, underwent negligent, damaging and unnecessary gynaecological procedures. While I welcome the certainty the Minister is sharing with us today on the 29 women, excluded from the redress scheme as established following Judge Maureen Harding Clark's deliberations as they were over 40 years of age. Regarding the other six cases I appeal to the Minister to leap the final hurdle here. Let us do it in a clean and full way leaving nobody hurt behind. All of these women, without exception, have gone through a dreadful experience that has impacted on their lives every day since and will continue for all their days in the future. My appeal is that the Minister would leave nobody out at this final hurdle.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I believe I have made my position clear and in so far as I can offer certainty, the certainty I have offered is that in the coming weeks we will be engaging with those who were excluded on age grounds and that I will bring proposals to Cabinet to bring a very stressful situation for them to an end as soon as is practicably possible. Regarding the people who are outside that, whom the Deputy is calling for to be treated in the same way, there are legal considerations that the Attorney General is examining at the moment. I am not in a position to give a commitment there other than to say that review is ongoing. I cannot pre-empt what the Attorney General's findings will be. I am very happy to say that the situation of those who were excluded on age grounds alone will be resolved in the very near future.