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The Government has been warned that the majority of women affected by the CervicalCheck scandal will not participate in the proposed tribunal.<\/p>\nThe Government has been warned that the majority of women affected by the CervicalCheck scandal will not participate in the proposed tribunal.<\/p>\n
Labour leader Alan Kelly said the tribunal is \u201cnot fit for purpose\u201d and the majority of cases will end up in the High Court.<\/p>\n
He said the Government\u2019s failure to act on promises made to women has created a situation that is not \u201ctolerable or fair\u201d.<\/p>\n
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.<\/p>\n
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.<\/p>\n
Raising the issue during Leaders\u2019 Questions in the D\u00e1il on Wednesday, Mr Kelly said: \u201cThe HSE are now primarily liable for these cases where negligence is found.<\/p>\n
\u201cWhy aren\u2019t they all being dealt with beforehand and quickly?<\/p>\n
\u201cWhy aren\u2019t 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.\u201d<\/p>\n
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.<\/p>\n
Mr Kelly asked: \u201cWhy isn\u2019t it a priority on your legislative program to change the Civil Liabilities Amendment Act, to ensure that women aren\u2019t faced with a situation where they choose between taking cases or else allowing their families to do so after they pass?<\/p>\n
\u201cThis is not a situation that\u2019s tolerable or fair.\u201d<\/p>\n
He asked why the Taoiseach had pointed to the tribunal as a solution, when \u201cnobody has applied to the tribunal because it\u2019s not fit for purpose\u201d.<\/p>\n
\u201cThey\u2019re not going to end up at the tribunal. So they\u2019re all going to go to the High Court, the majority are, at the very least\u201d he said.<\/p>\n
The Taoiseach said the tribunal should be given a chance.<\/p>\n
Miche\u00e1l Martin said: \u201cI think the tribunal does offer a better forum than the High Court.<\/p>\n
\u201cI 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.<\/p>\n
\u201cIt is a forum that, given all of the work that\u2019s being put into it, that should be given a chance.\u201d<\/p>\n
He said the legislation that established the tribunal had the support of all parties at the time.<\/p>\n
He added that the issue of negligence on the part of the HSE had to be proven \u201cin all situations, be it in a tribunal setting or in a High Court setting.”<\/p>\n