Results 16,201-16,220 of 45,608 for speaker:Simon Harris
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: The Deputy will have a chance to ask Dr. Scally tomorrow.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: I respect that.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: That is progress.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: There are many things in Deputy Donnelly's second point that I could reflect on and seek clarity on. It sound pretty sensible to me, and that is something that we can usefully reflect on in advance of Report Stage. On the first point, my understanding of the rules of the High Court now is not that it makes a provisional award but that in making the award, it can factor in risk of...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: No, it cannot.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: Yes.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: As much as Deputy Kelly, with whom I rarely disagree, thinks that what I am proposing is difficult to do or perhaps not worth doing, I equally think back to the point made by Deputies O'Connell and Durkan. If somebody gets cancer five, ten or 15 years later, it is not necessarily the case that is linked back to a smear test and an audit many years ago, as the Chairman, as a doctor, will...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: Yes.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: We think that may be legally possible but whether it would be successful is a matter for the court to decide.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: It is my understanding that it would be a new case.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: On a new case.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: In fairness, Deputy Bríd Smith raised this point in the Dáil during statements on CervicalCheck and I get the point.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: Yes, absolutely. It is a case of whether it is seen as a new case by the High Court. Rather than accidentally adding to the confusion, I think I can usefully seek clarification for committee members on the situation that Deputy Donnelly has illustrated well. If a cancer comes back, can the individual go to the High Court on that matter? I think that is a useful point on which we can...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: The rules of the High Court apply here on this. We are trying to find a better pathway than going to the High Court. Mr. Justice Meenan outlined how he believes this is better. It is heard in private, there are written statements, experts are available to the judges, there are case management protocols and so on, but we are still applying the fundamental rules of law which would apply in...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: I am fully aware of the substance of what Deputy Donnelly seeks to do with the amendment. It is something we all want to do. I would differentiate between the State's legal representatives and those of the laboratories in terms of questioning and cross-examining in what the Deputy referred to. I have examined this already and taken advice. I have also seen some court cases and rulings...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: That is a fair point.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: To balance my partisan persuasions, Deputy Donnelly made the key point in this round of exchanges. We need to address it. Deputy Kelly acknowledged that Deputy Donnelly's amendment would go a long way towards doing so, but I have two options to achieve what I see as the same aim. My preferred option is to come back with a version of Deputy Donnelly's amendment. There will be a variation,...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: I want the same thing. The legislation as drafted states that where a claimant requests the tribunal to hold a hearing or part of a hearing in public and the tribunal agrees it would be appropriate to do so, the tribunal shall conduct the hearing, or part of the hearing, concerned in public. The Deputy is asking, understandably, whether this is strong enough and whether we need to be...
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: No, the Deputy is correct.
- Select Committee on Health: CervicalCheck Tribunal Bill 2019: Committee Stage (3 Jul 2019)
Simon Harris: The default position is that all of the hearings will take place in private unless the woman says she wants it to be in public or part of it to be in public.