Fergus O'Dowd (Louth, Fine Gael)
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126. To ask the Minister for Health his views on an issue (details supplied) regarding symphysiotomy; and if he will make a statement on the matter. [44450/14]

Leo Varadkar (Dublin West, Fine Gael)
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As the Deputy may be aware, the Surgical Symphysiotomy Payment Scheme commenced on 10th November 2014. Government has agreed that the Scheme will also include payments for the small number of women who have had a pubiotomy. The Scheme is designed to be simple, straightforward and non-adversarial, and aims to minimise the stress for the women concerned. Many are elderly and may not want to experience the delay, publicity and financial risks that sometimes come with a court case. I met all three support groups representing the women last September and their views have helped to shape the Scheme. The Scheme is supported by two of the three groups representing the women.

Judge Maureen Harding Clark, retired High Court Judge has been appointed as independent Assessor to the Scheme. Judge Clark, from her previous work on the Lourdes Hospital Redress Scheme, brings valuable experience to the role of determining the appropriate level of award for each individual.

The Symphysiotomy Scheme is open to women who are still living and who underwent a surgical symphysiotomy or pubiotomy in the State between the years 1940 and 1990. Awards of €50,000, €100,000 and €150,000 will be offered. Women who have had a surgical symphysiotomy may accept an award of €50,000. For women who have had a symphysiotomy and have suffered significant disability a higher award of €100,000 will be offered. Where a woman has had a symphysiotomy immediately following caesarean section an award of €100,000 will be offered and where she has suffered significant disability following these procedures €150,000 will be offered. For a woman who underwent a pubiotomy an award of €100,000 will be offered and for women who have suffered significant disability following this procedure, €150,000 will be offered. Details of the Terms of the Scheme and how to access application forms have been widely advertised.

Awards will be exempt from tax and legislation is being put in place as a matter of urgency to ensure they are also exempt from being taken into consideration for means tested welfare schemes. The Judge expects to make payments to some women before Christmas.

It is not a requirement for a woman to retain a Solicitor to make an application. However, the Scheme makes provision for applicants to have legal and other advice available to them in preparing to submit an application if they wish. Judge Clark has assured me that if women have questions on any aspect of the Scheme, her staff will be available to assist in any way possible.

Applications must be made within 20 working days of the Commencement Date, which was 10 November, 2014. The Closing Date for receipt of applications is therefore Friday 5 December 2014. In exceptional circumstances, Judge Clark has discretion to extend the time for receipt of applications by an additional 20 working days, that is, to Wednesday, 14 January 2015. It is important to note that in the event of a delay arising in the compilation of an applicant's supporting documentation due to difficulty in obtaining medical records, the application should be submitted within the time period set out in the Scheme with a written explanation of the reasons for the absence of the documentation. The details of this provision are set out in the terms and conditions of the Scheme.

The Scheme is voluntary and I would like to emphasise that women will not waive their rights to take their cases to court as a precondition to participating in the Scheme. Women may opt out of the Scheme at any stage in the process, up to the time of accepting their award. It is only on accepting the offer of an award that a woman must agree to discontinue her legal proceedings against any party arising out of a symphysiotomy or pubiotomy.

In agreeing to this Scheme, the Government has demonstrated its commitment to trying to bring a resolution for the women concerned. The Government has acknowledged the pain and suffering which the procedure caused to many of the women and is also aware of the uphill battle many of them will face in the courts with uncertainty about the outcome of that process. I hope the implementation of this Scheme will be of benefit to the women concerned and their families.