Thursday, 4 July 2019

Questions (197)

Alan Kelly

Question:

197. Deputy Alan Kelly asked the Minister for Health if the commencement of the CervicalCheck tribunal has to await the outcome of the appeal of the State against a judgement (details supplied); and if he will make a statement on the matter. [28653/19]

View answer

Written answers (Question to Health)

The process of establishment of the Tribunal is under way and will proceed as planned, subject to the passing of the Bill by the Oireachtas over the next week.

The fact that the Morrissey judgment is before the Supreme Court should not impact on the planned timescale for the establishment of the Tribunal, nor will it delay the Tribunal in conducting pre-claim work. 

It is the case that the High Court would not generally hear a case while a similar case is in the process of being appealed to the Supreme Court, as the outcome of that appeal could impact how the case is conducted / concluded. 

The Tribunal is in a similar position to the High Court. In practical terms, work on establishing the Tribunal will continue over the next few months, with hearings not due to commence until later in the year. It is unlikely, therefore, that the appeal will lead to any significant delay in terms of the Tribunal hearing its first case(s).