Regina Doherty (Meath East, Fine Gael)
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88. To ask the Minister for Health if he will provide an update on the redress scheme for victims of symphysiotomy and his views on the timeframe, terms and conditions and so on; and if he will make a statement on the matter. [42729/14]

Regina Doherty (Meath East, Fine Gael)
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Will the Minister provide an update on the redress scheme that was established for the surviving victims of symphysiotomy? I am aware that the scheme was advertised last week and that it has been open for business since yesterday but will the Minister provide information on the terms and conditions and timeframes relating to it? I would also appreciate it if he could outline his expectations in respect of the scheme and indicate what has been the response of the victims to it so far.

Leo Varadkar (Dublin West, Fine Gael)
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I am pleased to announce that the surgical symphysiotomy payment scheme commenced yesterday, 10 November 2014. The Government has agreed that the scheme will also include payments for the small number of women who have undergone a pubiotomy. The scheme is designed to be simple, straightforward and non-adversarial and aims to minimise the stress for the women concerned. Many of the women are elderly and may not want to experience the delay, publicity and financial risks that sometimes come with a court case. I met all three support groups representing the women last September and their views have helped to shape the scheme.

Ms Justice Maureen Harding Clark, a retired High Court judge, will undertake the role of independent assessor of the scheme. Ms Justice Harding Clark, as a result of her previous work on the Lourdes Hospital redress scheme, brings valuable experience to the role of determining the appropriate level of award for each individual. The scheme is open to women who are still living and who underwent a surgical symphysiotomy or pubiotomy in the State between the years 1940 and 1990. Awards of €50,000, €100,000 and €150,000 will be offered. Women who have had a surgical symphysiotomy may accept an award of €50,000. For women who have had a symphysiotomy and have suffered significant disability, a higher award of €100,000 will be offered. Where a woman has had a symphysiotomy immediately following caesarean section, an award of €100,000 will be offered and where she has suffered significant disability following these procedures, €150,000 will be offered. For a woman who underwent a pubiotomy, an award of €100,000 will be offered and for women who have suffered significant disability following this procedure, €150,000 will be offered. Details of the terms of the scheme and how to access application forms have been widely advertised. Awards will be exempt from tax and legislation is being put in place, as a matter of urgency, to ensure the women will also be exempt from being taken into consideration for means-tested welfare schemes. The judge expects to make payments to some women before Christmas.

It is not a requirement for a woman to retain a solicitor to make an application. However, the scheme makes provision for applicants to have legal and other advice available to them in preparing to submit an application if they wish. Ms Justice Harding Clark has assured me that if women have questions on any aspect of the scheme, her staff will be available to assist in any way possible.

Regina Doherty (Meath East, Fine Gael)
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What the Minister said is very welcome, particularly with regard to the fact that some payments may be made before Christmas and that the women will not require the services of solicitors. I also welcome the fact that the three groups which have supported the victims tirelessly during the past ten to 12 years are recommending that they should make applications in respect of the €100,000 awards that are on offer. Some of the women with whom I have been dealing are concerned that it might be difficult for them to obtain these awards and are more disposed towards applying for the €50,000 awards.

Perhaps the Minister will set out what women must do to obtain the €100,000 and reassure them that the process will not be cumbersome and simply require the provision of proof that a symphysiotomy has taken place and letters from a general practitioner or those who have been treating them in recent years to prove their disabilities. By Jove, most of these women have serious disabilities arising from symphysiotomy. I reassure them about how simple the process will be.

Leo Varadkar (Dublin West, Fine Gael)
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Women do not have to waive their right to take a case to court as a precondition of participating in the scheme. One can opt out of the scheme at any stage up to the point at which one accepts one's award. It is only on accepting an offer that a women must agree to discontinue her legal proceedings against any party arising out of a symphysiotomy or pubiotomy.

Significant disability means medically verifiable physical symptoms or conditions directly attributable to surgical symphysiotomy or pubiotomy that have had a serious and debilitating effect on the applicant's quality of life. These include and are not confined to pelvic instability, pelvic pain, dyspareunia, urinary incontinence, back pain and pain on walking that continued for more than three years after the operation was carried out. Anyone who can show they have had a symphysiotomy, even one with no complications, will get €50,000. Anyone who can show she had any of the symptoms for three years or more after the operation can apply for the €100,000, and I certainly encourage her to do so.

Regina Doherty (Meath East, Fine Gael)
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I am glad to hear the genuine concern for the victims. We must acknowledge and recognise that these ladies have been through decades of suffering. The vast majority are in their 60s and 70s, and some are in their 80s and 90s. They do not want to get involved in what has been pitched in some quarters as a cumbersome process. They want to know how genuinely simple the process will be. I am glad the Minister could confirm that today. Ms Harding Clark has form in this area in that she performed superbly with the women from the Lourdes hospital redress scheme that was in place previously. The vast majority of those women were very confident and happy with the way the process was handled and with the fact that they were supported. I have no doubt the same will happen again. The process will be simple for the ladies, who are all in the autumn of their lives.

Leo Varadkar (Dublin West, Fine Gael)
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The scheme has been designed to ensure it will be simple and not cumbersome, and will not require further medical examinations, unless absolutely necessary, or people having to testify in court or produce records that may no longer exist. I refer to all the difficulties that may come with a court case. The process is designed to be simple and straightforward. It was very much designed in consultation with Patient Focus and some of the other relevant groups.

I encourage anyone who has had the complications in question to apply for the higher reward. If they do not get it, they will, at the very least, get the lower award. All that is required in this case is proof they underwent the procedure at some point. The assessor is now set up in her offices. There is a website and a telephone number. If anyone wants advice and somebody to talk through the application process, these will be available.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I do not agree that what is offered is in any way reflective of what the women have gone through over their lives. However, it is up to the women themselves to make the final decision. That is the position I have taken publicly and privately.

One matter the Minister has not mentioned in his response to Deputy Doherty is the 20-day period. Any reasonable assessment of what is involved and what challenges the women concerned would demonstrate that a 20-day timeframe in which to respond is extremely limited. It should be lifted. I do not believe there was any such time restriction in regard to the schemes related to hepatitis C and other conditions that were addressed historically. Why would the Minister force the women to respond in such a short period?

Leo Varadkar (Dublin West, Fine Gael)
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I certainly agree with the Deputy that it is a matter for the individual women to decide whether they want to avail of the scheme or pursue a court case. There is a 20-day limit but that can actually be extended. There is a provision to allow for it to be extended if the applicant can give a reason for the delay in making the application. Ms Maureen Harding Clark will be as flexible as she possibly can be in that respect.