Clare Daly
Question:789. Deputy Clare Daly asked the Minister for Health further to Parliamentary Question No. 76 of 22 October 2015, the reason oral testimonies are not being heard. [38043/15]
View answerTuesday, 3 November 2015
Questions (789)
Written answers
The Surgical Symphysiotomy Payment Scheme is operating very well since it was established on 10 November 2014. It was estimated that 350 women would apply to the Scheme, but in fact 578 applications have been accepted by the Scheme and as at 23 October 2015, 317 offers have been made.
The Scheme has brought to an end years of uncertainty and costs for women who have undergone surgical symphysiotomy. The Scheme was designed following meetings with all three support groups, two of which have welcomed its establishment. It was set up to give women who do not wish to pursue their cases through the courts an alternative option in which payments are made to women have had a surgical symphysiotomy, whether or not negligence is proven. The Scheme is voluntary and women did not waive their rights to take their cases to court as a precondition to participating in the Scheme.
In the interest of accountability, the Scheme requires each Applicant to prove that she had a surgical symphysiotomy or pubiotomy in order to be considered for the assessment of an award. The level of proof required is clearly set out in the terms of the Scheme. As the Scheme is designed to be simple, straight forward and non-adversarial, the women are not expected to give oral testimonies as they might do in a court setting. I understand, however, that Judge Clark, Assessor for the Scheme has met with women in different parts of the country, where she considered it necessary, particularly in cases where women have been unable to locate hospital records.
I believe that Judge Clark operates the Scheme in a generous manner within its terms and in accordance with the principles of justice and fairness.
The Government has given careful and detailed consideration to this complex and sensitive matter. It believes that the provision of the Scheme, together with the ongoing provision of medical services by the HSE, including medical cards, represents a comprehensive response to this issue, which should help bring resolution for the women, many of whom are elderly, and their families.