Clare Daly (Dublin North, United Left)
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41. To ask the Minister for Health if he has considered the publicly-voiced concerns of survivors of symphysiotomy regarding the administration of the symphysiotomy payment scheme; if he will amend the terms of the scheme to require the taking of oral testimonies, where requested; and if he will make a statement on the matter. [42718/15]

Leo Varadkar (Dublin West, Fine Gael)
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The Surgical Symphysiotomy Payment Scheme is operating 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 20 November 2015, 332 offers have been made.

The Scheme has brought to an end years of uncertainty and costs for women who have undergone surgical symphysiotomy. The Scheme was designed following meetings with all three support groups, two of which have welcomed its establishment. It was set up to give women who do not wish to pursue their cases through the courts an alternative option in which payments are made to women who have had a surgical symphysiotomy, whether or not negligence is proven. The Scheme is voluntary and women did not waive their rights to take their cases to court as a precondition to participating in the Scheme.

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. The level of proof required is clearly set out in the terms of the Scheme.  As the Scheme is designed to be simple, straight forward and non-adversarial, the women are not expected to give oral testimonies as they might do in a court setting. I understand, however, that Judge Clark, Assessor for the Scheme has met with women in different parts of the country, where she considered it necessary, particularly in cases where women had been unable to locate hospital records

I believe that Judge Clark operates the Scheme in a person-centred manner within its terms and in accordance with the principles of justice and fairness.

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