Written answers

Tuesday, 15 September 2020

Department of Health

Tribunals of Inquiry

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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721. To ask the Minister for Health when the statutory tribunal established for the purpose of assessing claims against the State arising from its negligence in the provision of cervical screening shall be commenced; and if he will make a statement on the matter. [23624/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The CervicalCheck Tribunal is being set up under the provisions of the CervicalCheck Act 2019 (the Act) in line with the recommendations set out by Mr. Justice Charles Meenan in his ‘Report on an Alternative System for Dealing With Claims Arising From CervicalCheck.’

In his report, Judge Meenan considered a number of options for an alternative to the courts and explained that because the issue of liability remained to be determined in CervicalCheck cases ‘Any alternative system to hear and decide claims arising from CervicalCheck must recognise: -

-The issues of liability.

- The Constitutional right of access to the courts.

- The Constitutional right to fair procedures.’

Accordingly, the CervicalCheck Tribunal is being established under the Act with to determine liability in cases arising from CervicalCheck, by hearing and determining claims for personal injuries arising from alleged negligence, breach of duty, breach of statutory duty or breach of contract, in the same manner as the High Court.

It is intended that the Tribunal will be established as soon as possible once final arrangements are in place.

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