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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: In the Dáil last week, the Taoiseach said: "We will need a scheme of redress for women whose cancer was missed and should have been detected beyond normal error". That does not necessarily mean that every misread smear will result in a liability.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: The Taoiseach accepted the need for a scheme of redress where the cancer was missed and should have been detected beyond normal error.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Where there is an indemnification in place, how does it work in practice? If a woman takes a case and a sum is agreed, who makes the payment?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Mr. Breen appears to be saying that where there is an indemnity and it is accepted that a case falls within the indemnity, the working through of the case is a matter between the woman, her legal representatives and the US laboratory.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Where a sum is agreed or an award is made, the payout is from the US laboratory or the independent laboratory.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: I have a big problem with that approach because these are women who had a smear test done in Ireland under the cervical cancer screening programme. Their samples were examined and misread, be it in Ireland or abroad, and they are being left to their own devices to take on an independent laboratory.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Is that not the whole purpose of indemnification? If the State is indemnified by the independent laboratory, it can make the payout efficiently.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: As such, the HSE being indemnified means it is washing its hands of the entire issue. That is the effect. The State is passing the matter on.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Indemnification is of no comfort to the women or their surviving partners or widowers. It is of comfort to the State because the State is protected, but the people who are directly affected are left to their own devices and must take on an international third-party independent laboratory in a legal challenge.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: What Mr. Breen is saying is that, apart from the Vicky Phelan case, there are nine other similar cases confirmed and one additional case. In three of those, indemnification has been agreed.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: It is a matter for the woman or her representative to battle it out with an independent laboratory in an adversarial legal arena. That is the State's message to these women.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Will Mr. Breen confirm whether, as of this point, a plan is in place to provide redress and compensation for the more than 200 women who were diagnosed with cancer and had their smear tests misread? In 17 cases, women have died tragically, leaving behind partners, husbands and children. Is there a plan in place now to deal with that situation?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: I will ask my final question, which is on the insertion of non-disclosure or confidentiality clauses. This is separate to the non-disclosure agreements with women whose smear tests returned false negatives. Where a sum is agreed and the State Claims Agency is the representative of the State, will Mr. Breen give us a sense of or data on how common it is for the State to insist on...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: Never?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: I would like to include the actual contracts between HSE, CervicalCheck and the laboratories in the list of items we are requesting. It is a request from the committee that they be provided.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: We will, but the context in which we want to see them is to deal with the legal issues and the indemnification around liability which is directly relevant to the State Claims Agency's remit. I know the agency is not a party to the contracts-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: I do.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: State Claims Agency: Discussion (8 May 2018)

Michael McGrath: We will do that too, but we are asking the witnesses to consider it again.

Gambling Control Bill 2018: Second Stage [Private Members] (9 May 2018)

Michael McGrath: I commend Deputies Rabbitte, Jack Chambers and O'Callaghan on their work in bringing forward this Bill. The Government really has a lot to answer for. Fine Gael has been in government for seven years and there has been no decisive action. While the Minister of State, Deputy Stanton, might be personally committed to this, there is a blockage somewhere, be it in the system or in strands...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Funding (9 May 2018)

Michael McGrath: 51. To ask the Minister for Culture, Heritage and the Gaeltacht the status of her Department's funding contribution to a project (details supplied) in County Cork; and if she will make a statement on the matter. [19897/18]

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