Róisín Shortall (Dublin North West, Social Democrats)
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768. To ask the Minister for Health the status of talks with a group (details supplied) in relation to the CervicalCheck tribunal; the reason for the breakdown of talks; the steps he is taking to resume talks and address the concerns of the group; and if he will make a statement on the matter. [40431/20]

Stephen Donnelly (Wicklow, Fianna Fail)
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I have been engaged with the 221+ Patient Support Group on a number of issues in relation to the CervicalCheck Tribunal and how CervicalCheck cases are dealt with more generally. While significant progress had been made through meetings and correspondence, it was not possible to resolve all of the issues raised by the group in the way that they wanted them to be addressed.

In a letter of 20 November 2020, the group indicated their disappointment with the government's position in respect of the Tribunal and CervicalCheck cases, and that they did not intend to continue with discussions in respect of the matter.

However, I will continue to work with my Department to address the concerns the group have raised where it is possible and I would welcome the opportunity to meet the group.

Two particular issues of concern raised by the group related to the statute of limitations and access to the Tribunal in the event of a recurrence of cancer.

The Group raised a concern that some women eligible for the Tribunal may now be outside the Statute of Limitations as a result of the delay in establishing the Tribunal, which was due to the global pandemic and issues with regard to Tribunal membership. It was not possible to address this concern by extending the statute of limitations retrospectively; as advised by the Attorney General however, I have received Cabinet approval to develop a proposal to address any such claims, should they arise. I have written to the Group informing them of the government's commitment and that I am willing to discuss this with them.

In respect of how the Tribunal will deal with the issue of recurrence, this issue has been examined in great detail by the government and the previous government and I have engaged in extensive consideration on this most sensitive issue. The Tribunal will make awards relating to recurrence in the same way as the High Court. That is, an additional amount can be made as part of the Tribunal settlement, to factor in a future chance of recurrence. An advantage of the Tribunal over the courts is that, if a claimant does not wish to accept the amount awarded by the Tribunal, they can appeal to the High Court, an extra step that would not be available if the claimant had gone directly to the High Court. However, just like the Court system, a claimant cannot return with a second claim in respect of the same event years later.

I am satisfied that the CervicalCheck Tribunal remains the most appropriate venue for CervicalCheck claims. It is, of course, entirely up to women affected as to whether or not they want to use it.