Frank O'Rourke (Kildare North, Fianna Fail)
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378. To ask the Minister for Health if he will waive the costs for women pursuing legal challenges through the courts, including, where appropriate, in appeals to the Supreme Court regarding survivors of symphysiotomy. [38788/16]

Simon Harris (Wicklow, Fine Gael)
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Judge Maureen Harding Clark submitted her report on the Surgical Symphysiotomy Scheme on the 19 October last. Minister Harris examined the report and submitted it to Government last week prior to its publication on the Department's website on 22 November last. Awards of between €50,000 and €150,000 were made to 399 women and the Scheme cost approximately €34 million.

The Scheme was set up to give women who had undergone symphysiotomy an alternative non-adversarial option rather than having to bring their cases through the courts, with an uncertain outcome in each case. The Scheme was voluntary and women did not waive their rights to take their cases to court as a precondition to participating in the Scheme. Women could opt out of the Scheme at any stage in the process, up to the time of accepting their award. It was only on accepting the offer of an award that a woman had to agree to discontinue legal proceedings.

For women who chose to continue their cases through the courts rather than applying for a payment under the Scheme the issue of legal costs arising will be dealt with on a case by case basis by the courts.