Michael McGrath
Question:535. Deputy Michael McGrath asked the Minister for Health the position regarding the redress scheme for the survivors of symphysiotomy; and if he will make a statement on the matter. [49525/14]
View answerWednesday, 14 January 2015
Questions (535)
Written answers
The Surgical Symphysiotomy Payment Scheme commenced on 10 November 2014. Applications are being assessed by former High Court Judge Maureen Harding Clark. The Scheme has in the region of €34 million available and participants will receive awards at three levels - €50,000, €100,000 and €150,000. The Scheme was designed to be simple, straightforward and non-adversarial, and aims to minimise the stress for all women concerned. It was designed following meetings with all three support groups, two of which have welcomed its establishment. It was established to give women who do not wish to pursue their cases through the courts an alternative, simple, non-adversarial option.
Applications had to be made within 20 working days of the Commencement Date. The closing date for receipt of applications was therefore Friday 5 December 2014. In exceptional circumstances, Judge Clark has discretion to extend the time for receipt of applications by an additional 20 working days, that is, to Wednesday, 14 January 2015.
Judge Clark has informed my officials that, as of 9 January, 2015:
- 568 applications were received by her office by the closing date of 5 December, 2015;
- 75 offers were made amounting to over €5,250,000;
- 23 late applications were received, between the closing date and 9 January. Of these, 10 were accepted, 4 were rejected and the remainder are currently being considered by Judge Clark.
I understand that no offer that has been made to date has been rejected. It is also important to note that where there was a delay arising in the compilation of a woman's supporting documentation due to difficulty in obtaining medical records, applications were accepted by the Scheme, provided the application was received within the time period set out in the Scheme, with a written explanation of the reasons for the absence of the documentation.
My Department made payments to 29 women before Christmas amounting to €1,850,000, with a further 5 payments imminent.
The Scheme is voluntary and I would like to emphasise that women will 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 Government hopes the implementation of this Scheme will help to bring closure on this issue for the women concerned and their families.