'Unworkable' CervicalCheck tribunal may be boycotted, say campaigners

Health minister Stephen Donnelly has yet to respond to the 221+ group who are calling for changes to the CervicalCheck tribunal. Picture: Leon Farrell / Rollingnews.ie

Campaigners fear the CervicalCheck tribunal will not be workable and that they may be forced to tell those impacted to boycott it.

Health minister Stephen Donnelly has yet to respond to the 221+ group who are calling for changes to the tribunal.

The 221+ group sent a detailed letter to the minister on Tuesday outlining the serious concerns they have with the tribunal in its current format and offered alternatives and solutions.

However, campaigner Lorraine Walsh has said she now fears their calls will not be listened to.

"The way it is set up at the moment, it is not going to work," she said. "Unless there is a considerable shift, I don't see it as being workable." 

The tribunal has yet to begin hearings as Mr Donnelly paused its work after he received a backlash for not fully consulting with those impacted by the smear test scandal.

In its letter, the 221+ group made a number of requests including that any tribunal be non-adversarial in nature.

"They said that they were setting up this tribunal so that it would be less adversarial for women and their families, but that's simply not the case," said Ms Walsh.

CervicalCheck campaigner Lorraine Walsh outside Leinster House in 2019. Picture: Sam Boal/RollingNews.ie

The group have now said it would be "reasonable" to expect a response from the minister before the weekend and have asked that he at least provides an indication of what he believes can be achieved.

The establishment of the tribunal was postponed in March because of the pandemic, and many women then mounted legal cases as they were concerned the delay would cause the statute of limitations to be reached.

Ms Walsh also said women and their families need to be reassured that the substantial costs associated with their High Court actions will be met before they transfer to the tribunal.

Ms Walsh said: "It's not just an issue for me, it's an issue for nearly all of the 221 because we have all lodged cases. They have not given us any reassurances that those costs will be covered."

Campaigners also believe that women who suffer a recurrence of their cancer should be allowed to return to the tribunal, similar to applicants who came before the Hepatitis C and HIV compensation tribunals.

Pressed in the Dáil on when he would respond to the letter, Mr Donnelly this week said he would not be getting into the details of a private negotiation.

"It is a seven-page detailed, legalistic letter," he said. "It raises a lot of very detailed issues and we are going to afford it the respect it deserves. We are seeking legal advice on it. We are going to discuss it, and we are going to see what progress we can make. The only thing we are bound by is the law."

However, Labour Party leader Alan Kelly accused the minister of being "ignorant" in his approach to the issues which have been raised by the 221+ group, and told the Dáil that Mr Donnelly's attitude was "appalling".

It is understood that Mr Donnelly is seeking legal advice from the Attorney General before responding to the 221+ group.