Wednesday, 21 January 2015

Questions (186)

Bernard Durkan

Question:

186. Deputy Bernard J. Durkan asked the Minister for Health to outline the extent to which dialogue has been entered into and settlement arrangements made with the victims of symphysiotomy in accordance with the Government's decision in this regard; the extent to which individual requirements of the women concerned in respect of redress have been met; whether access to the courts remains available to any victim receiving a redress payment; when all outstanding issues are likely to be met, with particular reference to keeping in mind the serious and long-standing suffering of the victims; and if he will make a statement on the matter. [3029/15]

Written answers

Minister for Health

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 had 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 a total of around 590 applications had been made to the Scheme by the final closing date. Fifty five awards totalling €3,850,000 have been made to 19 January 2015.

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.

The Scheme is voluntary and women do 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.