Fergus O'Dowd (Louth, Fine Gael)
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370. To ask the Minister for Health his views on the issue raised in correspondence (details supplied); and if he will make a statement on the matter. [5123/16]

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 of 4 March 2016, 365 awards 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 solely a matter 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, Assessor to the Scheme has informed Department officials that where medical records are not obtainable to support a woman's application, then arrangements are made to have such applicants examined by a gynaecologist for the presence of a surgical symphysiotomy scar and by a radiologist to establish the extent of any pubis symphysis widening.

The Scheme is voluntary and women do 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.

The remuneration for Judge Clark, Assessor to the Scheme has been approved by the Department of Public Expenditure and Reform in line with salary payable to a High Court Judge.

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.