Dáil Éireann Debate, Wednesday - 5 December 2018
98. Deputy Alan Kelly asked the Minister for Health the way in which the report by a person (details supplied) on an alternative system for dealing with claims arising out of the CervicalCheck scandal will be implemented. [50781/18]
View answerArising from the court cases relating to CervicalCheck the Government agreed that High Court Judge Charles Meenan would be requested to review, in the case of women affected by CervicalCheck issues, mechanisms which avoid, wherever possible, women and their families having to give evidence in court. The Judge was requested on 2 August, 2018 to undertake this review.
The Terms of Reference for Judge Meenan's work relating to CervicalCheck cases were to:
1. Engage with the women, their families and their representatives to assess what, in their opinion, could be done to provide an alternative to court;
2. Assess the management of cases, liability and quantum that arise, in conjunction with the State Claims Agency and other relevant bodies (State parties, laboratories, insurers, indemnifiers and affected parties);
3. Have regard to the work of Dr. Gabriel Scally's Scoping Inquiry and the International Clinical Expert Panel Review led by the Royal College of Obstetricians and Gynaecologists,and the British Society for Colposcopy and Cervical Pathology; and
4. Report to the Minister for Health within two months. The report to recommend a way through which these cases can be resolved, in a sensitive and timely manner, that is appropriate to these cases involving complex liability issues and multiple parties, outside of adversarial court processes.
The Judge submitted his report to me on 15 October, 2018. It was submitted to Government on 16 October and was published later that day in line with the Government decision. The Government noted that that I undertook to revert to Government with recommendations when the report had received detailed consideration by relevant Departments including the Department of Health, the Department of Public Expenditure and Reform, the Department of Justice and Equality and the Office of the Attorney General. I will revert to Government with recommendations shortly.
