Dáil debates

Tuesday, 12 February 2013

Topical Issue Debate

Lourdes Hospital Redress Scheme Eligibility

6:05 pm

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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I thank the Ceann Comhairle for allowing me to raise this matter. The programme for Government includes a specific commitment to seek a mechanism to compensate those women who were excluded on grounds of age alone from the Our Lady of Lourdes Hospital redress scheme. The issue was raised as a topical issue last June, when the then Minister of State, Deputy Róisín Shortall, assured us that the Minister for Health, Deputy James Reilly, was committed to finding a mechanism as soon as possible and intended to bring proposals to Government for its consideration at the earliest opportunity. As is well known, 35 women were excluded from the Lourdes redress scheme on age grounds. It was a decision of the last Government with which I disagree.

The programme for Government and statements by the Minister for Health prior to his appointment and since referred to a strong commitment by the Government to resolve this issue. Since October 2011, there have been meetings and several statements by the Minister to reiterate that the matter is with the Attorney General for her advice. The women and their families have come to the conclusion that no progress has been made whatsoever. They believe all statements to the Dáil on the issue and letters from the Minister to local Deputies and Senators are purely lip service. The women have requested a meeting through the Patient Focus organisation with the Taoiseach and Minister for Health to ensure that this serious issue can be dealt with expeditiously. The women feel totally abandoned by the Government, which is not surprising given the promise prior to the election by the Minister that the matter would be resolved within a year of taking office. The Government will mark its second anniversary in three weeks. Can it undertake to resolve the issue by then?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I thank Deputy Seamus Kirk for raising the issue. I reply on behalf of the Minister. The programme for Government commits to seeking a mechanism to compensate those women who were excluded on age grounds alone from the Our Lady of Lourdes Hospital redress scheme. The Lourdes hospital redress scheme was established in 2007 following the findings and recommendations contained in the report of the Lourdes hospital inquiry into peripartum hysterectomy, conducted by Ms Justice Maureen Harding Clark. During the inquiry, Ms Justice Harding Clark became aware that there were patients who underwent bilateral oophorectomy procedures which were not clinically necessary. These women lost the ability to reproduce and suffered immediate surgical menopause.


The scheme of redress approved by Government was a non-statutory ex-gratia scheme. Awards were determined in 2007 and 2008 by an independent redress board which was chaired by Ms Justice Harding Clark. The objective of the scheme was to provide compensation to those patients of Dr. Michael Neary who received unnecessary obstetric hysterectomies - that is, hysterectomies carried out in association with pregnancy - and also to women aged under 40 years who received unnecessary bilateral oophorectomies. The inquiry did not extend to a wider examination of Dr. Neary's general practice or the clinical practice of his colleagues.


The Department of Health has been engaged in a review to consider various mechanisms to compensate those women who were excluded from the original redress scheme on age grounds alone. The review has involved taking instructions and legal advice, including advice from the Office of the Attorney General, on this sensitive matter with a view to bringing proposals to Government for a decision. The process is ongoing and it is the Minister for Health's intention that it will be brought to a satisfactory and legally sound conclusion as quickly as possible.

6:15 pm

Photo of Séamus KirkSéamus Kirk (Louth, Fianna Fail)
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Clear commitments were made. We are talking about 35 women who were excluded. The Minister gave a commitment that their position would be examined urgently and quickly, but that has not happened. I ask the Minister of State to convey to the Minister that the matter needs to be dealt with urgently in order that the concern, worry and stress of the women in question can be brought to a conclusion.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I will bring this matter to the attention of the Minister. I appreciate that the sooner it can be addressed, the better because it has been ongoing for a long time and there is a great deal of stress involved.