366 apply for awards under redress programme
Following the passing of the deadline for applications yesterday afternoon, assessor for the scheme Judge Maureen Harding Clark reported that 366 applications have been made for awards.
It is estimated that about 1,500 women underwent symphysiotomies between 1940 and 1984 in Irish hospitals and about 350 of these are still alive. Women who avail of the scheme can get tax-free awards at three levels: €50,000, €100,000, and €150,000.
In a statement, the Department of Health said 40 conditional offers totalling €2.6m have already been made.
Women may opt out of the scheme at any stage, up to the time of accepting their award. If they do so, they are free to pursue action against those responsible through the courts.
In a joint statement, Patient Focus and SOS Ltd welcomed the fact that a large number of women had applied for redress the scheme.
“We are vindicated in our position that we represented a large number of survivors who wished to avail of a non-confrontational, humane and speedy process. It was difficult to get this message across to the general public because of the hostile campaign that was waged against our clients,” said a statement.
The groups said they regretted that their clients views “were not adequately represented in some media and that some national organisations whose stated mission is to represent victims of human rights breaches chose not to hear our clients”.
Despite the large number of applications, the scheme has been criticised by the Irish Council for Civil Liberties (ICCL), chairman of the UN Human Rights Commission Nigel Rodley, and one of the representative groups Survivors of Symphysiotomy (SOS).
They were deeply critical of the fact that in order to accept a payment, women must “irrevocably” waive all “rights and entitlements” and to “indemnify and hold harmless” a schedule of bodies and people in respect of the carrying out of a surgical symphysiotomy or pubiotomy.
This list includes, amongst others, all ministers of any government department, the HSE and all former health boards, “all doctors, consultants, obstetricians, surgeons, medical staff, midwives, nursing staff, administrative staff, boards of management, associated with all hospitals or nursing homes, former hospitals or former nursing homes in the State whether public, private or otherwise and/or their insurers” and the “Medical Missionaries of Mary and/or any religious order involved in the running of any hospital and/or their insurers”.
The groups also criticised the 20 day time limit to apply for the scheme as “punitive”.
