Dáil Éireann Debate, Wednesday - 6 April 2016
425. Deputy Gerry Adams asked the Minister for Health to provide assurances that documentation associated with the symphysiotomy payment scheme will not be destroyed and will be returned by the Health Service Executive to its owners. [5415/16]
View answer435. Deputy Ruth Coppinger asked the Minister for Health if he will prevent the destruction of records related to the practice of symphysiotomy; and if he will make a statement on the matter. [5477/16]
View answer491. Deputy Thomas P. Broughan asked the Minister for Health if he has met with the group representing the survivors of symphysiotomy regarding its concerns over the shredding of files; and if he will make a statement on the matter. [5731/16]
View answerI propose to take Questions Nos. 425, 435 and 491 together.
The Surgical Symphysiotomy Scheme commenced in November 2014 and has been running very well since then with 576 applications accepted for consideration under the Scheme.
Each applicant to the Scheme completed an application form setting out the details of her claim together with some personal data. Usually, the applicant furnished her birth certificate and copies of hospital records establishing that she had undergone a symphysiotomy.
Hospital records received by the Scheme were copy documents and any medical reports obtained by the applicant’s solicitor in support of a claim for significant disability were also copy documents. The Scheme did not receive any originals of these records and the original documents remain in the hospitals’ records storage, local and national archives and in GP offices. Contrary to recent reports in the media, it is important to note that the integrity of applicants' original records is not affected in any way by receipt of copy documents by the Scheme for the purpose of carrying out assessments.
Over the last few weeks the Scheme has been writing to each applicant regarding her records. More than two thirds of the women concerned have replied by the end of March, with 70% of the women seeking the return of their personal documents and 30% asking for the records to be confidentially shredded. The Scheme is cognisant of an applicant’s right to privacy protected by Article 8 of the European Convention on Human Rights and in line with this will ensure that documents containing personal information are not returned to anyone other than the woman herself.
It is important to note that the Assessor of the Scheme received these copy records for the purpose of determining awards to women who met the criteria of the Symphysiotomy Payment Scheme only. The Assessor is not at liberty to hold the records, or to request that they be archived, for any other purpose. The Data Protection Commissioner has confirmed that data may only be used for the purpose for which it was supplied and for no other purpose.
I have not received a request to meet the Groups representing the women affected by symphysiotomy to discuss the shredding of records. Copies of records containing personal information were submitted to the independent Scheme directly by the women themselves, or their legal advisors. Accordingly the Department does not have ownership or control of the documents and could not therefore have any role in the process.
The Assessor to the Scheme has informed my officials that she is aware that some applicants may have very particular and personal reasons for the non-delivery of documents to their home and the Scheme will respect those wishes. Accordingly, the documents will be returned either to the applicant herself or, will be disposed of confidentially in accordance with the applicant’s wishes.
