Disappointment over more adversarial process amid cautious welcome for cancer scandal tribunal

A support group for women affected by the CervicalCheck controversy has expressed disappointment that a scheme to address their claims is not the “totally non-adversarial process” promised by the Taoiseach.

Disappointment over more adversarial process amid cautious welcome for cancer scandal tribunal

A support group for women affected by the CervicalCheck controversy has expressed disappointment that a scheme to address their claims is not the “totally non-adversarial process” promised by the Taoiseach.

The group 221+ said it welcomes “with some caution” a report by Mr Justice Charles Meenan recommending the establishment of a statutory tribunal but is “understandably disappointed” that it will not be quite what Leo Varadkar had committed to.

The group said it is important a time limit is set on the establishment and work of the tribunal “so that women, many of whom are ill, can be heard and have their issues resolved expediently”.

In a cover letter accompanying his report and addressed to Health Minister Simon Harris, Mr Justice Meenan said the “recent tragic deaths of a number of women from cervical cancer underline the urgency of the situation”.

Two women, including 37-year-old mother of five Emma Mhic Mhathúna, died in recent days.

Mr Justice Meenan said he has met with women and families affected by the CervicalCheck controversy and that the fallout ranges from the death of a mother to loss of fertility, incontinence, impact on intimacy, and depression.

“Therefore, as has been shown by High Court cases already settled, damages arising from a negligent misreading of a cervical smear are potentially very significant,” he said.

Mr Justice Meenan was tasked by the Government with finding an alternative system to address the women’s claims rather than forcing them through the courts. His report, published yesterday, recommends a tribunal rather than a no-fault redress scheme as there are liability issues, including non-disclosure of the results of a CervicalCheck audit to the women.

Claims relating to non-disclosure by the State could be “fast-tracked” through the tribunal, he said, as liability will not be contested. Damages related to non-disclosure are “significantly lower” than damages relating to a misread smear.

Establishing liability in the case of misread smears would be less clearcut, due to the limitations of screening, and anyone making a claim in this regard would face a more adversarial process, giving evidence and having that evidence challenged.

This does not mean “every aspect of a claim has to be challenged”, he said, adding that women and families “could be spared the trauma” of oral evidence through agreed written statements.

He said participation in the tribunal would be voluntary, with hearings in private, and that while those who opt to have their claims heard by the tribunal would “waive their entitlement to bring or maintain legal proceedings in respect of the claim”, they could still appeal the outcome to the High Court and beyond.

He suggested a “statutory change to enable evidence of a personal or intimate nature to be given in private” in the High Court. The tribunal would have a sole member, a serving or retired judge, and be entitled to award damages. Parties appearing before it would be entitled to legal representation.

Mr Harris said Mr Justice Meenan’s report “requires consideration by a number of government departments and I have committed this morning [yesterday] to returning to Government with proposals next month”.

Vicky Phelan, a member of 221+ whose court case in relation to her cervical cancer exposed failings in the CervicalCheck programme, said she is urging the Government “not to delay on this”.

Mr Justice Meenan said that in situations where women and/or their families do not wish to be involved in legal proceedings, but seek full information concerning their case, the tribunal chairperson will facilitate meetings between the women and/or their families and the medical professionals involved.

more courts articles

Man (25) in court charged with murdering his father and attempted murder of mother Man (25) in court charged with murdering his father and attempted murder of mother
Man appears in court charged with false imprisonment of woman in van Man appears in court charged with false imprisonment of woman in van
Man in court over alleged false imprisonment of woman Man in court over alleged false imprisonment of woman

More in this section

Irish homelessness Government criticised for missing social and affordable housing targets
National Risk Assessment for Ireland Tánaiste urges Israel ‘to show humanity’ and allow more aid into Gaza
Lego set based on RNLI lifeboat could soon become a reality Lego set based on RNLI lifeboat could soon become a reality
War_map
Cookie Policy Privacy Policy Brand Safety FAQ Help Contact Us Terms and Conditions

© Examiner Echo Group Limited