Donnelly rules out changes to Cervical Check tribunal

The decision of Health Minister Stephen Donnelly to formally set up the tribunal in October 2020, without fully addressing the issues raised by campaigners, was described as a "slap in the face" by Ms Phelan Picture: Naomi Gaffey.

Changing the CervicalCheck Tribunal to reflect the wishes of Vicky Phelan and other campaigners would require a referendum, which the Government has no appetite for.

Ms Phelan and the 221+ group raised serious concerns around the tribunal before it was established, claiming it was not fit for purpose and would mean women impacted by the CervicalCheck scandal would continue to use the High Court.

The decision of Health Minister Stephen Donnelly to formally set up the tribunal in October 2020, without fully addressing the issues raised by campaigners, was described as a "slap in the face" by Ms Phelan.

However, it is now understood that Mr Donnelly was advised that the terms of the tribunal had been extended as far as possible without a Constitutional change.

Issues, including the statute of limitations, had been cited as legally difficult to overcome.

The option of holding a referendum on the issue was not something that was considered at the time and there is currently no appetite to go down this route, according to a senior Government minister.

A Government source also stressed that it is still the belief that the Tribunal is the best route for those impacted by the smear testing controversy, despite a low take up.

Up to the start of this month, the State Claims Agency had received 378 CervicalCheck claims, including psychological claims brought by family members.

Of these, just 25 have been taken to the CervicalCheck Tribunal.

Justice Minister Helen McEntee suggested changes could be made when asked about the possibility of revisiting the CervicalCheck Tribunal.

However, it is understood that reopening or re-examining the tribunal is not under consideration by the Department of Health.

Campaigners had called for a non-adversarial tribunal and had asked that women be allowed to return to the tribunal in the future should they suffer a recurrence of their cancer.