Holly Cairns
Ceist:1346. Deputy Holly Cairns asked the Minister for Health the status of the planned CervicalCheck tribunal; and if he will make a statement on the matter. [33322/20]
Amharc ar fhreagraTuesday, 3 November 2020
Ceisteanna (1346)
Freagraí scríofa
Arising from the court cases relating to CervicalCheck, the Government of the time agreed that Mr. Justice 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.
Judge Meenan proposed in his Report in October 2018 that claims arising out of CervicalCheck could be resolved outside the court process and that a Tribunal be established under statute for the purpose of hearing and determining these claims.
In December 2018 the Government agreed to establish the CervicalCheck Tribunal. The legislation necessary to establish the Tribunal, the CervicalCheck Tribunal Act 2019 passed through the Oireachtas and was signed into law by the President on 23 July 2019.
It was originally intended that the CervicalCheck Tribunal would be established by the end of March 2020. However, establishment was delayed due to the outbreak of COVID-19. A further delay arose in June when previously nominated members were no longer in a position to take up roles in the Tribunal.
There are considerations compelling the urgency of establishing the Tribunal, including legitimate issues raised by the 221+ patient support group when the Tribunal was delayed previously, such as in respect of the statute of limitations, that without the Tribunal eligible women would have no other option to make a claim outside of the courts, and the criticalness of any further time delay for some of the women eligible.
Concerns in respect of the CervicalCheck Tribunal and how CervicalCheck cases would be dealt with were raised with me by the 221+ patient support group at a meeting on 2 September 2020. I responded to the issues raised by the group at those meetings in my letter of 20 October, in which I also informed the group of the Tribunal’s establishment day, and in further letters of 27 and 28 October. Further meetings about the Tribunal and CervicalCheck cases were held with the 221+ group on Friday, 23 October 2020 and Monday, 26 October 2020, and I am engaged in ongoing constructive correspondence with the group.
Although the Tribunal was established on 27 October 2020, all further actions with regard to establishing the Tribunal, including the appointment of the members to properly constitute the Tribunal, have been paused as agreed pending the 221+ group’s consideration of my responses to their concerns.
I remain committed to addressing the 221+ group's concerns in respect of the Tribunal. The only practical impact of the establishment of the Tribunal on 27 October 2020 is that the nine-month period for making claims runs from that day, however this can be extended if necessary.