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

Simon Harris: Yes, but I wish to flag the fact that the finding of the mechanism will be tricky, though I am not saying it is beyond us. I do not want to mislead the committee into thinking I can find it within a couple of days. We know what we want to do.

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

Simon Harris: We also want to find a way to provide assurance on the issue.

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

Simon Harris: That is fair and I appreciate it.

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

Simon Harris: This amendment is due to the eagle eye of Deputy Kelly and his legislative scrutiny. He may have spotted a drafting error. While I do not believe it is a drafting error, I have sought the advice of the Attorney General. We read the "or" as an "and-or".

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

Simon Harris: My legal advice suggests that is the meaning of the word. We all know what it is meant to mean. There may be a drafting issue. I have sought the Attorney General's advice on the impact of the deletion and I will come back on Report Stage. The Deputy may be right but we need to be sure.

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

Simon Harris: Let me await the Attorney General's advice. If there is a need to fix it, we will do that.

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

Simon Harris: I see what Deputy Smith is trying to do in her amendment. The Statute of Limitations continues to apply in terms of access to the courts, so obviously it is the same Statute of Limitations as for anybody else and as for any other issue, which is two years from the cause of action. In regard to the tribunal, when we asked Mr. Justice Meenan to do his work, one of the things that came back...

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

Simon Harris: I understand the Deputy's point. There is a balance to be struck here. Obviously, if we have already made a payment for non-disclosure through the ex gratiascheme, and we have fixed that as a set payment of €20,000 - when I say "we", an independent assessment panel has done that and those payments of €20,000 will start issuing in the coming weeks - what we are saying is that...

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

Simon Harris: Deputy O'Connell hit on the key point.

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

Simon Harris: In fairness, I gave Deputy Kelly credit the last time. Deputy O'Connell often does so on these matters as she is well informed. In fairness to Deputies Kelly and Smith, they both said very openly the intent of the amendments is to replicate the hepatitis C compensation tribunal. My starting point on this, which I believe we would all acknowledge, is that this matter is very different from...

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

Simon Harris: I am sure the Deputy would not misread what I said intentionally. I definitely did not say that. Let me be very clear-----

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

Simon Harris: A very different version. Words matter. As Minister for Health, I have been very clear from day one that women were let down by the State in the non-disclosure of a retrospective audit which was meant to be disclosed. I have apologised for it. AsI have spent many hours with many women and families, the Deputy should not in any way, accidentally or otherwise, misrepresent what I said about...

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

Simon Harris: The Deputy did not, for which I thank him. The record will show that it is not what I said.

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

Simon Harris: The Deputy suggested, accidentally or otherwise, that I had said women had not been let down by the State. They were absolutely let down by the State, 100%-----

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

Simon Harris: In the CervicalCheck audit. The facts of the Scally report are evident for all to see and accepted. My bona fides are very clear and understood by those directly affected. That is what is most important to me in that regard. What I have said - it is a statement of medical fact - is that the infection of people by contaminated blood by the State is very different from what occurred owing...

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

Simon Harris: I appreciate that.

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

Simon Harris: Dr. Scally will be before the health committee tomorrow and-----

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

Simon Harris: The Deputy is misrepresenting the Scally report. It is grossly irresponsible.

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

Simon Harris: The Deputy did a few times. What she said was grossly irresponsible.

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

Simon Harris: The Deputy is misrepresenting Dr. Gabriel Scally's reports. She is presenting herself almost as a cytologist in pursuit of an ideological viewpoint on outsourcing. She is perfectly entitled to her ideological views on outsourcing. She might even be right that it would be better to do things in this country, but she is not right in making the suggestion she has made. She is applying a new...

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