Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 194 and 195 together.

The Lourdes Hospital Redress Scheme was established following an Inquiry into peripartum hysterectomy at Our Lady of Lourdes Hospital, Drogheda. The Inquiry was chaired by Judge Maureen Harding Clark S.C. Judge Clark was requested by the Government to advise on an appropriate scheme of redress arising from the findings of the Report. Having received Judge Clark's advice, the Government approved the establishment of a non-statutory ex gratia scheme of redress in 2007, and appointed Judge Clark as its chairperson.

The Lourdes Hospital Inquiry did not extend to a wider examination of Mr. Neary's general practice or the clinical practice of his colleagues. However, Judge Clark became aware during the course of the inquiry that some patients of Mr. Neary had undergone bilateral oophorectomies - that is, the removal of both ovaries or a single remaining ovary - that may not have been clinically warranted. The inquiry also received medical reports from women who had undergone bilateral oophorectomy with relatively little evidence that the procedures were warranted.

Judge Clark took advice on a selection of oophorectomy cases involving younger women treated by Mr. Neary. She was advised that while it is sometimes necessary to remove both ovaries in the presence of serious disease, the occasion of such a radical procedure is not common. This led her to conclude that unwarranted oophorectomies performed by Mr. Neary on women aged under 40 be included within the scope of the Redress Scheme. The Scheme was advertised on 14th June 2007. The Lourdes Hospital Redress Board has now concluded its work and all awards determined have been notified to successful applicants.

I was asked to consider an extension of the scope of the Scheme to include additional former patients of Mr. Neary outside of the terms of the Scheme. I gave due consideration to the request and consulted with Judge Clark in the matter, who advised against an extension. Acting on this advice, I decided against an extension of the Scheme and this was publicly communicated in November 2008. The Government believes that the Lourdes Hospital Redress Scheme addressed the matter in as sensitive and timely a manner as possible. It was always the Government's intention that the women who qualified for the Scheme would receive adequate recompense and I believe that has been achieved in a fair and reasonable manner.