Survivors’ groups criticise redress scheme

Victims of symphysiotomy to receive up to €150k compensation

The symphysiotomy redress scheme offering maximum compensation of €150,000 has been criticised by survivors and an independent human rights watchdog.

The details were announced by the Department of Health yesterday and allow women who take part in the scheme to receive awards at three levels:

- €50,000 — for women who can establish they had a symphysiotomy;

- €100,000 — for women who can establish that they had a symphysiotomy and have suffered significant disability as a result;

- €150,000 — for women who had a caesarean section followed by a symphysiotomy.

Women who had a pubiotomy, a procedure that saws through pubic bone, will also be entitled to apply for the scheme and will receive a figure in the upper range.

The redress scheme means that the State does not have to admit liability for wrongdoing. Former High Court judge Maureen Harding-Clark has been appointed as the independent assessor.

There are more than 150 cases before the High Court. These women will not be entitled to any payment from the scheme if they proceed with their cases. Any women made an offer under the scheme will have 20 working days to apply from next Monday. In exceptional circumstances, this can be extended by a further 20 working days. Once an offer is made, they have an additional 20 days to accept it.

The chairwoman of Survivors of Symphysiotomy (SoS) Marie O’Connor, said the scheme was a ploy to force survivors to choose prematurely between legal action and redress.

“The gates close in 20 days, making it impossible for women to seek independent advice and to make a considered decision. All other redress schemes, with one exception, were left open. We want this draconian expiry date lifted. The gates should remain open, as they were for victims of contaminated blood, those abused in residential institutions, and survivors of the Magdalene laundries.”

Two other groups, Patient Focus and SOS Ltd, welcomed the appointment of Judge Harding-Clark and said they would be writing to women “to provide them with the information needed to make this process as easy as possible for them”.

“A large number of the women wish to avail of the scheme. We know this because we talk to them, their family members, and their legal advisers on a daily basis,” said a statement.

Speaking shortly after the scheme was outlined, Judge Harding-Clark, Irish Council for Civil Liberties director Mark Kelly, said the redress scheme “falls far short” of what is required under Ireland’s international human rights obligations.

“The ex-gratia scheme with broad payment bands described by Ms Harding-Clark this morning falls far short of meeting Ireland’s international human rights obligations to an ageing population of survivors of this barbaric surgical practice. Reports that any offers made under the scheme will have to be accepted within less than a month, and that any payments will be made conditional on survivors dropping their legal actions against the State add insult to injury,” he said.

Following a complaint lodged by SOS about the Government’s handling of the issue earlier this year, a UN human rights committee said the “perpetrators” of symphysiotomy should be punished and prosecuted and survivors should receive “fair and adequate compensation and rehabilitation, on an individualised basis”.