Mick Wallace (Wexford, Independent)
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To ask the Minister for Health when he expects to receive the Walsh Report in relation to the practice of symphysiotomy here; the reasons for the delay in its publication; and if he will make a statement on the matter. [57054/12]

Brian Stanley (Laois-Offaly, Sinn Fein)
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To ask the Minister for Health the reasons for the delay in the completion of the final Walsh Report into the practice of symphysiotomy and related procedures at a number of hospitals; when he expects the report to be presented; his plans for its publication; and if he will make a statement on the matter. [57026/12]

James Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 7 and 12 together. Professor Oonagh Walsh, an independent researcher, was commissioned by the chief medical officer in my Department to draft a report on the practice of symphysiotomy in Ireland. The report was conducted in two stages. The first stage is an independent academic research report, which is based on an analysis of published medical reports and research. The draft report contains information about how frequently symphysiotomy was carried out in Ireland and compares rates with other countries. The researcher experienced unforeseen difficulties in accessing information sources and, as a result, submitted the first stage of the report behind schedule in late January 2012. The researcher informed my Department that this was due primarily to the challenges with accessing historical data from a time when records on the procedure were not routinely kept.

The second stage in the research process, involved a consultation process on the draft report involving patient groups, health professionals and in particular the women who have undergone symphysiotomy. The researcher is currently finalising the report based on the consultation and it is also planned to have a peer review process. It is hoped the report will be published early in 2013.

Mick Wallace (Wexford, Independent)
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Is the Minister aware of a number of inaccuracies and misleading findings in the draft report? For example, there is a suggestion that symphysiotomy was used only in emergencies, which is untrue. There is also a suggestion that symphysiotomy was safer than Caesarian section in the 1940s and 1950s, which is also wrong, and that doctors are not and were not legally required to obtain the patient's consent to medical treatment. Like other statements in the report, it is nonsense. Does the Minister know the vast majority of survivors of symphysiotomy refuse to co-operate with the so-called consultation process run by the Department of Health on the Walsh report? Like the Finucane family in response to the de Silva report, they see it as a whitewash. Will the Minister not do the decent thing by jettisoning the discredited report on yet another sorry chapter of institutional abuse in Ireland and set up a commission of inquiry so that survivors in their 70s and 80s can finally access the truth and justice?

James Reilly (Dublin North, Fine Gael)
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The Deputy has made some statements. The idea that content is not necessary for procedure is nonsense. Whether we are comparing the practices of today and the practices of 50 and 60 years ago is an issue and a difficulty. Through the report, we seek to find justice and closure for the people who suffered at the hands of doctors who performed these procedures, something utterly unnecessarily. The idea of symphysiotomy performed on the way out, when the child has already been delivered, is outrageous. I would like to allow the report to be finalised and consultation to take place so that we can come back with a solution that can bring closure on the issue for the women who have suffered as a consequence.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister indicated some time early in the new year. On receipt of the report, I presume the Minister will publish it so that we have the opportunity to examine its content. Whatever the final Walsh report contains, there is an onus and responsibility on all political voices to listen to the demands of the victims of what I have always seen as a barbarous procedure, a view the Minister has disputed. I refer also to the victims of the related procedure pubiotomy. We must listen to their appeals across a number of different processes of resolution. The choice should be given to the women. It is an ever-reducing number. Since the last time we addressed the issue in the Chamber, I know of a small number of victims who have passed on from this life. That will continue to be the case. This is the last opportunity to engage of the Minister before the end of the year and I ask him to commit to providing a choice. There will be those who are happy to accept some form of redress but many others want the opportunity of a court process as they feel only that process will enable them to fully vindicate their right to the truth and justice. In order to facilitate a significant number of them, the suspension of the Statute of Limitations, in particular for that cohort of victims, is required. I ask the Minister to reflect on that and keep an open mind on it even though I do not expect a response this afternoon. Hopefully, in early 2013, he will provide a choice for the ever reducing number of very unfortunate people.

James Reilly (Dublin North, Fine Gael)
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Deputies on all sides of the House are agreed that this issue must be resolved. The Deputy alluded to removing the Statute of Limitations, but the Attorney General's view on that is clear. It would have serious consequences for the Government in a range of areas beyond this issue.

We need to resolve this matter. I hope the report will help in that regard. I agree that it should be published on its completion and when we have had time to digest it. I do not intend to delay. I am aware that many of these ladies are getting on in years and would like closure of the issue. That is what I seek to bring. We will have to find a way to do that, notwithstanding the tight financial constraints on the Government at present.

Mick Wallace (Wexford, Independent)
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May I correct a mistake I made when discussing an earlier question. I meant to say "inquest" rather than "inquiry". That is why the Minister may have been surprised by my question.

With regard to symphysiotomy, I agree with Deputy Ó Caoláin that time is running out for many of these people. The authorities in the United Kingdom have announced a new police investigation into the Hillsborough disaster, which happened 23 years ago. The Minister might follow that example with a symphysiotomy inquiry. It would not go astray.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I accept the Minister's point that concern at this matter is shared across the board in the Chamber. I acknowledge the commitment of members of both Government parties in regard to the all-party group. Their contribution and their commitment to resolving this issue is unquestioned.

I ask the Minister to accept, whatever legal advices might be presented, that there is equal and, arguably, longer standing eminent legal advice that gives a very different view. It would be a tragedy if a particular legal interpretation caused any of these women to be denied what is theirs, by right. Surely this is something we can, collectively, aspire to achieve and deliver as early in 2013 as possible. I hope the Minister will give every favourable consideration to that appeal.

Billy Kelleher (Cork North Central, Fianna Fail)
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An all-party motion on this issue has already been discussed in the House. There is unanimity among Government and Opposition parties that some way of giving redress to these women should be brought forward.

I urge the that the report be published as soon as possible and that a redress mechanism be put in place. The stories of the women are chilling, harrowing and emotive, but time is not on the side of many of them.

I accept that the Government is obliged to take the advice of the Attorney General into account but we must find a mechanism that addresses the suffering of the women concerned and allows them to share their stories with dignity and respect and seek redress.

James Reilly (Dublin North, Fine Gael)
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I assure the Deputies and the ladies concerned that there are difficulties, as I have outlined, but that where there is a will there is a way. I am determined to find that way.