Bernard Durkan (Kildare North, Fine Gael)
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301. To ask the Minister for Health to outline the extent to which the agreement reached in respect of victims of symphysiotomy has been completed to the satisfaction of the victims; and if he will make a statement on the matter. [37121/15]

Leo Varadkar (Dublin West, Fine Gael)
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The Surgical Symphysiotomy Payment Scheme is operating very well since it was established on 10 November 2014. It was estimated that 350 women would apply to the Scheme, but in fact 578 applications have been accepted by the Scheme and as at 16 October 2015, 311 offers have been made.

The Scheme has brought to an end years of uncertainty and costs for women who have undergone surgical symphysiotomy, whose only option prior to its establishment was to take legal action through the courts, with no certainty about the outcome of that action. The Scheme was designed to be simple, straightforward and non-adversarial and aims to minimise the stress for all women concerned. The Scheme was designed following meetings with all three support groups, two of which have welcomed its establishment.

In the interest of accountability, the Scheme requires each Applicant to prove that she had a surgical symphysiotomy or pubiotomy in order to be considered for the assessment of an award of €50,000.  It is for the Assessor to determine whether an Applicant has identified and established any significant disability by objective evidence if the Applicant is seeking a higher award of €100,000 or €150,000.

Judge Clark has noted in her most recent progress report that failure by the applicants' legal representatives to provide a Notice of Discontinuance to the Scheme in a timely manner (in relation to the applicants' previous court proceedings) means that long delays in some cases have occurred between the acceptance of an offer by the woman and the actual payment of the award. In one recent case, the delay is approaching 7 months. As this is unfair to Applicants, Judge Clark has indicated that as soon as a Notice of Discontinuance of proceedings in being is served on the Scheme, the payment to the Applicant will be recommended even when agreement on fees due to an assisting Solicitor has not been finalised.

The Government has given careful and detailed consideration to this complex and sensitive matter. It believes that the provision of the Scheme, together with the ongoing provision of medical services by the HSE, including medical cards, represents a comprehensive and fair response to this issue, which should help bring resolution for the women, many of whom are elderly, and their families.