The Government has been warned that the majority of women affected by the CervicalCheck scandal will not participate in the proposed tribunal.
Labour leader Alan Kelly said the tribunal is “not fit for purpose” and the majority of cases will end up in the High Court.
He said the Government’s failure to act on promises made to women has created a situation that is not “tolerable or fair”.
A 2018 review identified at least 221 women diagnosed with cervical cancer who were not previously told about misreported smear tests, and could have been alerted to the early stages of cancer.
The government of the time promised that no woman would have to go to court to settle cases about the mishandling of their smear tests.
Once again @alankellylabour has had to ask the government why women are having to fight in the courts, fight for life saving medication like Pembro and why the government are taking away medical cards from families of the women impacted by #cervicalcheck pic.twitter.com/u6YyrcZF86
— The Labour Party (@labour) February 10, 2021
Raising the issue during Leaders’ Questions in the Dáil on Wednesday, Mr Kelly said: “The HSE are now primarily liable for these cases where negligence is found.
“Why aren’t they all being dealt with beforehand and quickly?
“Why aren’t these cases being dealt with far quicker than they are? And I can assure you, I know there are a huge amount of cases coming down the line.”
Fair
The Chief Justice has advised legislators to amend the Civil Liabilities Act to make it easier for terminally ill women and their families to access support.
Mr Kelly asked: “Why isn’t it a priority on your legislative programme to change the Civil Liabilities Amendment Act, to ensure that women aren’t faced with a situation where they choose between taking cases or else allowing their families to do so after they pass?
“This is not a situation that’s tolerable or fair.”
He asked why the Taoiseach had pointed to the tribunal as a solution, when “nobody has applied to the tribunal because it’s not fit for purpose”.
They’re all going to go to the High Court
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“They’re not going to end up at the tribunal. So they’re all going to go to the High Court, the majority are, at the very least” he said.
The Taoiseach said the tribunal should be given a chance.
Micheál Martin said: “I think the tribunal does offer a better forum than the High Court.
“I think it gives a great opportunity for mediation, because it would be more expeditious, and I think it would be more effective, in my view.
“It is a forum that, given all of the work that’s being put into it, that should be given a chance.”
He said the legislation that established the tribunal had the support of all parties at the time.
He added that the issue of negligence on the part of the HSE had to be proven “in all situations, be it in a tribunal setting or in a High Court setting”.
