Cervical cancer investigation to be held in public

By Fiachra Ó Cionnaith and Elaine Loughlin

Taoiseach Leo Varadkar has agreed to hold all of the State cervical cancer investigation in public and to set up a redress scheme for victims after a lengthy meeting with campaigner Vicky Phelan.

A High Court judge will also be appointed to find ways to avoid cases going to court.

Mr Varadkar, Health Minister Simon Harris, and Finance Minister Paschal Donohoe, said Mr Justice Charles Meenan would try and identify further mechanisms to avoid adversarial court proceedings for the women and families affected by the CervicalCheck controversy and would report back in two months with recommendations.

Ms Phelan had earlier confirmed the Government U-turn almost four months after public demands for swift action on the scandal, saying it is now up to Mr Varadkar to finally deliver on his promises.

Speaking to reporters outside Government Buildings after a “brutally honest” two-and-a-half-hour meeting with Mr Varadkar yesterday, Ms Phelan said that the Taoiseach has agreed to a series of demands issued by her and fellow campaigners including Stephen Teap.

She said they include:

• a commitment to hold all of the planned State cervical cancer inquiry in public, with emergency legislation changing the existing commission of investigation act to allow for public hearings to be tabled in September
• plans to set up a Government redress scheme for victims, on the condition it will work more effectively than the symphysiotomy and clerical abuse compensation systems
• and confirmation "letters of consent" are being drawn up before being sent to hundreds of women affected by the scandal so that their cases can be examined as part of an independent UK review

Ms Phelan is now taking time away from campaigning due to her health.

“As everybody knows I want this [inquiry] public, no more than the rest of the families involved,” she said.

Ms Phelan said “the Taoiseach confirmed this will be the preferred option” and “the Government and opposition are in agreement”.

Mr Justice Meenan will be asked to make recommendations on how the situation can be dealt with, including by engaging with the women, their families and their representatives to assess what could be done to provide an alternative to court, and by assessing cases, liability and quantum that arise, in conjunction with the State Claims Agency and other relevant bodies, such as laboratories and insurers.

Vicky Phelan says Taoiseach has told her he is committed to holding CervicalCheck Commission of Investigation in public pic.twitter.com/xt2yO3m4KK

— RTÉ News (@rtenews) August 1, 2018

The High Court judge will also take the work of Dr Gabriel Scally’s scoping inquiry into account, alongside that of the International Clinical Expert Panel Review led by the Royal College of Obstetricians and Gynaecologists, and the British Society for Colposcopy and Cervical Pathology.

Mr Justice Meenan was recently installed as chair of an expert group to consider an alternative mechanism to the court process for resolving clinical negligence claims.

He will then report to the minister for health within two months.

“Notwithstanding that parties always retain the right to go to court, alternative dispute resolution mechanisms must be found which avoid causing unnecessary distress for the women and their loved ones,” said Mr Varadkar.