Results 16,341-16,360 of 45,736 for speaker:Simon Harris

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.

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

Simon Harris: The tribunal does need to agree to that; the tribunal needs to agree it is appropriate to be heard in public bit but there is no part where the tribunal can say it will be in public. It is the reverse.

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

Simon Harris: This is the bit on which I will seek clarity because I cannot see how it will happen. The default position of our Judiciary and courts is that everything is in public so judges are used to holding hearings in public. I cannot imagine such a situation but we are right to probe it. I will come back to the Deputy on Report Stage on it if there is a need to tighten the language, but I do not...

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

Simon Harris: A hearing definitely will not be held in public without the woman's consent.

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

Simon Harris: In my view it is. The question Deputy O'Reilly asked is the reverse, with regard to whether the wording is robust enough where a woman states she does want something heard in public. I will need to check whether the wording is robust enough for this.

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

Simon Harris: No.

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

Simon Harris: Let me check both positions with the tribunal and revert.

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

Simon Harris: I move amendment No. 18: In page 17, to delete lines 4 and 5 and substitute the following: "27.(1) An appeal shall lie from a determination of the Tribunal to the High Court.". This is a technical amendment coming from my engagement with the tribunal. The amendment clarifies that partial appeals can be heard. The wording was a bit ambiguous.

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

Simon Harris: I have asked the Attorney General to come back to me on this before Report Stage and I will provide clarity to the Deputy.

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

Simon Harris: I was looking for an opportunity to get the Deputy's input on this. His argument is that it should not be necessary to go to the High Court if the tribunal cannot assist-----

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

Simon Harris: We have asked the Attorney General to interpret the Deputy's amendment and I will bring it back for Report Stage.

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

Simon Harris: The short answer is I do not have a definitive answer. I know Mr. Justice Meenan engaged with the laboratories as part of the process. The content of the legislation will not be a surprise to any of the parties. Until this gets up and running, it will be hard to tell. After we pass the legislation through the Oireachtas, that will be the appropriate time to engage further with the...

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

Simon Harris: Not that I am aware of. To the best of my knowledge, all of them had an opportunity to discuss with Mr. Justice Meenan their views on alternatives and obviously he took all of this into consideration.