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Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I move amendment No. 11: In page 12, between lines 26 and 27, to insert the following: "(3) (a) Notwithstanding subsection (2), the Tribunal shall assess and make any award for general or special damages on the basis of a single lump sum award or a provisional award as chosen by a claimant under this subsection. (b) Where the Tribunal is of the view that there is a possibility that a...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: The bona fides here are absolutely 100%. The amendments tabled by Deputy Smith and me are more or less the same because they are taken from the hepatitis C tribunal. This tribunal can establish its own rules and procedures. I appreciate what other Deputies have said about linking and the difference between hepatitis C and cancer but it is undeniable that there are linkages when it comes to...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: That is twice today.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: In fairness, I did not say that.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I will stick to the amendment, even though I was very much taken by the Minister's final comments. I agree with 95% of it but there is -----

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: There is 5% from the last report which proves that what the Minister just said is not exactly accurate, but I will come to that another day. I am chasing the same thing all the time. The Minister is proposing to deal with this through the instigation of rules and procedures. That is not the same thing. If it was, and it was going to deal with the issues that Deputy Bríd Smith and I...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: The High Court cannot do what the Minister suggests.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: In the High Court.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I withdraw the amendment as the Minister says he will reflect on what I said. I say to him strongly, however, that he should draft his own amendment on this matter. Otherwise I will press the amendment and I will seek the support of the Houses.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I will deal with my version of this amendment on Report Stage.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: My amendment which was in the same spirit as Deputy Donnelly's was also ruled out of order. Deputy Donnelly's amendment was very good in that it thought outside the box. This issue should not be dealt with through legal aid in the way it might be perceived from listening to the Joe Duffy show or something like it. It is not the same. My amendment was ruled out of order because it involved...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I move amendment No. 19: In page 17, to delete lines 26 to 30 and substitute the following: "28.(1) Where— (a) a claimant in respect of whom an award has been made accepts the award, and (b) no other party to that claim, within the period specified in section 27(2)(a), appeals to the High Court from the determination of the Tribunal, the Tribunal shall, as soon as practicable...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: It is odd. It is not necessary and it looks like a drafting error.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: If it is rejected.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: It is common sense.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I refer to Ms Justice Mary Irvine. Has a decision been made not to host this tribunal until after the Morrissey judgment appeal outcome has been delivered? I understand such a decision has been made but I want the Minister to confirm this. I have asked about the matter on many occasions and been told that it is happening. We will not reopen the debate but I think it is important to...

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: That is okay.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: I understand.

Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)

Alan Kelly: The purpose of the question was to seek clarity because many people are asking me.

Mental Health Services Reports: Motion [Private Members] (2 Jul 2019)

Alan Kelly: I commend the motion on behalf of the Labour Party. We have tabled an amendment in a genuine attempt to strengthen the motion. The findings made in the Mental Health Commission's report go a long way towards highlighting the significant governance and management problems in services, but the report deals primarily with the top tiers of the pyramid of mental health care services. These...

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