Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Seanad Éireann for its constructive consideration of the Bill and for providing the time, and using it efficiently, to get this measure passed. Everyone in this and the Lower House worked to try to reach a commitment to get the Bill passed before the Houses rose for the summer recess. It was an extraordinarily demanding timetable and it could not have been achieved without the co-operation of this House, for which I want to express my gratitude.

I thank Mr. Justice Charles Meenan for undertaking the difficult task of trying to find an alternative to the courts system and for reporting in that regard. I also thank him for the way in which he went about his work and his engagement with the labs, the State Claims Agency, Dr. Scally and, most crucially, the patient advocates in the 221+ group. I thank them in particular for feeding into the process.

Commitments were made in good faith, but finding an alternative to the court process has not been easy. With the passage of this legislation, however, we now have a number of avenues. We have the ex gratiascheme for non-disclosure, where an independent panel will pay out €20,000 where there was not a disclosure or an appropriate disclosure. That is the State rightly putting up its hands. We have the mediation process that the State Claims Agency goes through. This has seen a number of cases successfully resolved. We have the courts, which are available to anyone under the Constitution. We now have an alternative pathway being opened up through this tribunal Bill. It is not perfect, but there is not a perfect model for dealing with such a challenging situation where an adjudication needs to be made. Mr. Justice Meenan outlined clearly how he believed this to be a better way for many women. I hope that proves to be the case.

I thank Ms Justice Mary Irvine for agreeing to take on the job of chairing this tribunal and those who will join her, whom we will appoint shortly. The judge has a long track record as an excellent and accomplished member of the Judiciary and has a deep understanding of the issue of medical negligence. She is also a compassionate individual in how she goes about her business.

I thank the Office of the Attorney General, including the Office of the Parliamentary Counsel. A great amount of work has been done on trying to get a Bill together that respects the constitutional position of our courts. I thank my officials, including Mr. Greg Dempsey, deputy secretary general, Mr. Stephen Brophy and Mr. Eddie O'Reilly, for the large amount of work they have done in not just helping me to get this legislation through, but in engaging with Members on their amendments.

I hope that this will be another resource that helps to provide a different avenue than the courts system to women who want justice, answers and the restoration of trust process and, where negligence is found, want and deserve compensation. I thank Senators for their co-operation.