Dáil debates

Wednesday, 10 July 2013

Topical Issue Debate

Lourdes Hospital Redress Scheme Extension

2:25 pm

Photo of Brendan  RyanBrendan Ryan (Dublin North, Labour)
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I am grateful for the opportunity to speak on this important matter and to share time with my colleague, Deputy Hannigan. Our colleague Deputy Gerald Nash, who is unable to speak this afternoon, has long advocated with me and Deputy Hannigan on behalf of the women excluded from the Lourdes Hospital redress scheme. I am very grateful to the Minister, Deputy Reilly, for attending in person to deal with this important issue. We share a constituency in which people are affected by the issue I raise.

There is a commitment in An Agreed Programme for Government to seek a mechanism to compensate those women who were excluded on age grounds alone from the Lourdes Hospital redress scheme. Over the past 18 months, this matter has been raised by way of Topical Issue debate, the Order of Business and numerous parliamentary questions. Despite all this pressure, we have seen absolutely no progress towards a resolution for the affected women. Responses received by all public representatives have been very similar and give no comfort to the women. In May of this year, following my raising of the matter with the Taoiseach on the Order of Business, I received a letter from the Minister's office stating a review is ongoing to identify a mechanism to compensate the women, and that the review included instructions and legal advice from the Attorney General. The letter also stated it is the Minister's intention to bring a proposal to the Government on this matter before the summer recess. Given that we are so close to that recess now, can the Minister give us concrete information today on proposals for the women? The delay thus far has been inexcusable. I implore the Minister not to allow the delay go any further.

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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I am thankful for the opportunity to raise this issue. I thank the Minister for being in the Chamber for this debate. He has recently returned from Vilnius and I hope his journey home was comfortable.

I have been raising this issue with Deputy Brendan Ryan and Deputy Gerald Nash, since the Government was formed two and half years ago. We tabled parliamentary questions, had Topical Issue debates and requested meetings with the office of the Minister. As Deputy Ryan stated, we have been receiving the same answer for two and a half years. While all this has been happening, there are still 35 women who are waiting to find out whether they will receive the redress that they deserve and to which they are entitled. We feel the women deserve better than what they are getting.

My office spoke to the advocacy group Patient Focus this morning. It is very concerned about the response that the Taoiseach gave in this House on this issue. The group's concern, based on his answer, is that the commitment to publish the Walsh report along with a credible plan to include the 35 women within the redress scheme will not now be met before the end of next week, when the House is to rise. To quote the Taoiseach from this morning, "Given the time constraints on us between now and the summer recess, I will see what can be done.” The Minister knows very well from his involvement in this issue that we made a commitment in the programme for Government to compensate the 35 women. We did so with open eyes. In March, the Department made a commitment to have answers for the women by the end of next week. Like Deputy Ryan, I ask the Minister to give us a commitment to bring the Walsh report before the Cabinet on Tuesday and publish it along with the plans to include the excluded women in the redress scheme by the end of next week. I hope he will be able to do that. It is expected that he can make this happen. He is very concerned about the matter and very committed. We need to see him deliver on it now.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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The Lourdes Hospital redress scheme was established following the findings and recommendations contained in the report on peripartum hysterectomy at the hospital, The Lourdes Hospital Inquiry, published in 2006. The inquiry was conducted by Ms Justice Maureen Harding Clark.The inquiry did not extend to a wider examination of Dr. Michael Neary's general practice or of the clinical practice of his colleagues. During the inquiry, however, Ms Justice Harding Clark became aware that there were patients who had undergone a bilateral oophorectomy - the removal of both ovaries or a remaining single functioning ovary at the time of obstetric hysterectomy or as a gynaecological procedure - which was not clinically necessary. These women lost the ability to reproduce and suffered immediate surgical menopause.

The scheme of redress approved by the Government was a non-statutory ex gratia scheme. Awards were determined by an independent redress board in 2007 and 2008. It was chaired by Ms Justice Harding Clark.The objective of the scheme was to provide compensation to former patients of Dr. Neary who received unnecessary obstetric hysterectomies, namely, hysterectomies carried out in association with pregnancy, and also to women under 40 years of age who received unnecessary bilateral oophorectomy.

The Department of Health has been engaged in a review to consider various mechanisms to compensate those women who were excluded from the redress scheme on age grounds alone. This review involves taking instruction and legal advice, including advice from the Office of the Attorney General, with a view to bringing proposals on a scheme to the Government for a decision. It is my intention to bring these proposals on this important and sensitive issue to the Government before the summer recess.

Photo of Brendan  RyanBrendan Ryan (Dublin North, Labour)
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I thank the Minister for the positive response, with just a week to go in this session. I was concerned that previous commitments could not be met. I take the Minister's word that a proposal will be brought to the Government before the summer recess and I thank him for it.

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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I thank the Minister for his response. It was very clear and we are very grateful for it. I hope that he manages to find the time to talk to the various interest groups in advance of going public so they will be aware of what is being said.