Seanad debates

Wednesday, 16 May 2012

4:00 pm

Photo of David CullinaneDavid Cullinane (Sinn Fein)

It is sad that we are again discussing an issue where the citizens of the State have been badly let down by institutions and the State itself. We are here again discussing an issue where people are seeking truth and justice, but it is important for us to hold this debate. I commend all of the Deputies in the Lower House who conducted a similar debate a number of weeks ago.

A number of Senators quite rightly characterised this practice as barbaric. When one considers the pain and suffering that was inflicted on women because of this practice, no other word can best describe it. Many of the women were left disabled by it. Some of them are in the Chamber today, but, sadly, some of the women affected have passed away. Many of the victims will never have their stories told because they never knew that a symphysiotomy was carried out on them, yet they all struggled through life. These people deserve the truth and justice. I know of one case that was carried out in my city of Waterford at the Airmount Hospital, and I am sure many more such procedures were carried out in hospitals across the country. Many of those victims, as we have rightly described them, have passed away and will never receive the justice they deserved. Last night, I attended the briefing session on the subject in the AV room here, and I attended the previous one held before the Dáil debate, where there were copious amounts of genuine and sincere expressions of sympathy, empathy and kind words. The only way we can move beyond sympathy and get to the truth and secure justice for the victims is to have an open and transparent inquiry into the matter. In any situation where a state fails its citizens, and in this case the State failed women, a responsibility is placed on legislators to ensure that the truth outs. That must happen, and the only way it will happen is if there is an independent, open and transparent inquiry. I know there is great cross-party support, from the Independents and everybody inside the House and the public outside, to work together to ensure redress and justice for the victims. We do not need a report to deliver justice because it is in our gift, as politicians, to deliver it.

A number of people referred to the Statute of Limitations. I want to read briefly from the conclusion to the briefing document that was given to us yesterday:

If the Statute of Limitations is not amended, there is a real danger that many of the victims will be denied access to justice. Furthermore, the inevitable legal dogfight will lead to substantial delays for the survivors' attempt to pursue their claim. All the victims, many of whom are in their 70s and 80s, are getting older. If there is delay, many will not live to see justice done.

I do not believe anybody in this House, through a lack of action, would wish to prevent victims from living to see justice done. I am aware that people from all parties have been working with the SOS group for many years. They have seen people pass away, unfortunately. Those people have not seen justice done. It is in our gift.

I am asking the Minister of State and the Government to do three things. First, it is important for a proper, open and transparent inquiry to be established to get to the truth. Second, the Government should introduce legislation to suspend the Statute of Limitations for 12 months and thereby give people an opportunity to have the day in court that they deserve. It is incumbent on legislators and politicians to ensure these people get the opportunity they need. Third, we need to consider people other than the immediate victims of this barbaric act, who were mentioned by a number of speakers. Yesterday and previously, we heard many accounts from women whose relationships broke up, or whose husbands or children had huge distress inflicted on them. It was truly harrowing to hear about babies who died while this practice was being carried out. I am sure the Minister of State will agree that the time has come to move beyond sympathy and kind words, genuine and sincere as they may be. It is time for action. The only way we can give justice to these women is to do the three things I have asked the Minister of State and the Government to do.

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