Written answers

Wednesday, 23 November 2022

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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166. To ask the Minister for Health the number of settlements that have been made with women who alleged that their CervicalCheck smear tests were misread in each of the past ten years; and the number of these settlements that involved non-disclosure agreements. [58226/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The State Claims Agency (SCA) has received 378 CervicalCheck claims as at 1 November 2022, including psychological claims brought by family members, and 25 of these claims were for the CervicalCheck Tribunal. Of the 378, 225 are active and not yet concluded, 153 are concluded.

The SCA has never sought NDAs in CervicalCheck cases.

More generally it is not the practice of the SCA to seek or introduce NDA in cases handled by it save in very limited instances where an NDA is expressly requested by a plaintiff in any individual case.

The more specific information requested by the Deputy is not readily available. However, I have asked the State Claims Agency to provide this. I will respond directly to the Deputy on receipt.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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167. To ask the Minister for Health the number of cases taken against the HSE which were settled in the past ten years and to date in 2022 that have involved non-disclosure agreements. [58227/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive.

The State Claims Agency (SCA) has advised that it is not the practice of the SCA to seek or introduce NDA in cases handled by it save in very limited instances where an NDA is expressly requested by a plaintiff in any individual case.

The SCA does not formally record on its IT system the instances where an NDA has been expressly requested by a plaintiff ; therefore this information is not readily available.

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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168. To ask the Minister for Health the number of cases which have been processed by the CervicalCheck Tribunal to date; the number that have been concluded; the number of judges sitting on the Tribunal; the number of staff employed to work in the CervicalCheck Tribunal; the rates of pay for these staff; the current ongoing cost of the Tribunal, including costs associated with office space and equipment; and if he will make a statement on the matter. [58228/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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Twenty-six (26) cases, in total, have been lodged with and processed by the Tribunal. Fourteen (14) cases have concluded.

Nine(9) of the concluded cases were resolved between the parties following which final orders were made by the Tribunal.

Five(5) concluded cases ended on the basis that the Tribunal issued notifications pursuant to s. 12 (3) of the CervicalCheck Tribunal Act, 2019.

The Minister appointed three (3) judges to serve on the Tribunal. The Chairperson and one Ordinary Member of the Tribunal are currently serving Judges of the Court of Appeal and of the High Court, respectively. The other Ordinary Member of the Tribunal is a retired Judge of the Court of Appeal.

The Tribunal currently retains one staff member, namely, the Tribunal Registrar.

The costs of staffing the Tribunal from 1 January 2021 to 31 December 2021 was €212,008. This figure is inclusive of employer's PRSI and it reflects the salaries paid to 3 staff members up to June 2021 and 1 staff member thereafter.

Operational costs of the Tribunal for 2020 were: €217,123.41, while for 2021 these were: €83,328.00.

Details of the Tribunal's cost type including staffing costs are available in the Tribunal's Annual Report 2020 and its soon to be published Annual Report 2021.

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