Gerald Nash (Labour) | Oireachtas source

I appreciate that is the case under Standing Orders. I beg the Leas-Cheann Comhairle's indulgence to allow me put on the record of the House the reason we tabled this particular amendment. Deputy Kelly was very clear as to the reason. Amendment No. 3 is supported by the 221+ group for very good reasons. We are now setting the rules of this tribunal and, in essence, this amendment is trying to make sure that in respect of a woman who goes to the tribunal and gets an award, if her condition deteriorates, for example, if a woman is in remission and if her condition relapses, she could be enabled to return to the tribunal to perhaps achieve an additional award to reflect the changed circumstances she is experiencing. We understand that if one goes to the High Court and one gets an award, the facts are found, negligence and liability is identified and an award is made, one cannot return to the High Court to achieve an additional award; essentially, one cannot go back to the High Court with the same case. However, we are making these very important rules as to how this tribunal will manage its own affairs and we have only one opportunity to do that.

I want to put on record again the view expressed by Lorraine Walsh from the 221+ group. Deputy Kelly put this on the Dáil record this week also. She states:

I am thankfully cancer-free right now but I, or anyone else, cannot know if it will come back in the future. So, it would seem crazy for me to sign away my rights to something I cannot know will happen or not. I get checked regularly for the very reason of a possible recurrence. The rest of the women who are thankfully alive or are not terminally ill are in the same boat. Why would we sign away that right when we do not know what the future holds?

My understanding is that the Minister may have expressed the view that when the judge and the team at the tribunal are assessing the level of awards and the quantum of money that might be awarded when liability, negligence and so on is found that they factor in any future developments that might occur including relapses, remissions and possible return of a fatal cancer, for example. I am not certain that this is achievable. Every case has to be considered on its own merits and now is the time to deal with these very important issues. This is not the High Court. It is a tribunal. We, as the national Parliament, set those rules and we cannot miss the opportunity to get this right.