
FOLLOWING a meeting with Limerick cervical smear campaigner, Vicky Phelan, anย Taoiseach Leo Varadkar,ย theย Minister for Health, Simon Harris andย theย Minister for Finance,ย Paschal Donohoe announced thatย Mrย Justice Charles Meenan has been tasked with identifying further mechanisms to avoid adversarial court proceedings for the women and families affected byย theย CervicalCheckย controversy.
Speakingย afterย the meeting the Taoiseachย said:ย โIย want to thank Vicky Phelan for taking the time to meet with me today, Vicky and all those affected byย theย Cervical Checkย controversyย have made a deep impression on the Irish public andย onย me.โ
The Taoiseach has reiterated that the Government wants casesย arising fromย CervicalCheckย auditsย to be resolved through mechanisms which avoidย women and their families having to take the stand.ย โNotwithstanding that, parties always retain the right to go to Court, alternative dispute resolution mechanisms must be found whichย avoidย causingย unnecessary distress for the women and their loved ones.โ
The Taoiseach, the Minister for Health and the Minister for Finance have restated the Government and the State Claims Agencyโsย commitment to using mediationย whereย possible toย settle casesย in a sensitive and compassionate manner.
However, the Government has acknowledged that mediation involving multiple parties andย disputed factsย have presentedย real difficulties in achieving successful resolution inย someย cases.
Mrย Justice Meenan has been asked to make recommendations on how the current situation can be dealt with.ย In doing so,ย Mrย Justice Meenan has been asked to:-
1. Engage with the women, their families and their representatives to assess what, in their opinion, could be done toย provide an alternative to court.
2. Assess the management of cases, liability and quantum that arise, in conjunction with the State Claims Agency and other relevant bodies (State parties, laboratories, insurers, indemnifiers and affected parties).
3. Have regard to the workย ofย Dr Gabriel Scallyโsย Scoping Inquiry andย theย International Clinical Expert Panel Reviewย led byย the Royal College of Obstetricians and Gynaecologists, and the British Society for Colposcopy and Cervical Pathology.
4.ย Report to the Minister for Health within two months.ย The report to recommendย a wayย through which these cases can be resolved,ย in a sensitive and timely manner, that is appropriate to these cases involving complex liability issues and multiple parties, outside of adversarial court processes.
The Government intends to act onย Mrย Justice Meenanโs recommendations as soon as theyย areย available.
The Minister for Health emphasised the vital public health role of screening programmes saying:
โThe cervical screening programme has reduced theย incidencesย of women developing cervical cancer. There was a significant downward trend in the incidence of invasive cervical cancer between 2010 and 2015. Screening remains an essential element in our fight against cancer. We must continue to promote screening programmes, to improve screening efficacy, build public understanding of the screening process and restore public confidence.โ