'Doomed to fail': CervicalCheck tribunal cost €3.4m but made no awards

Vicky Phelan. Picture: Gareth Chaney/Collins

The Cervical Check tribunal dealt with just 26 claims and did not make any awards with costs — excluding salary — coming to €3.4m, figures show.

Advocacy group 221+ said it had warned the tribunal was “doomed to fail” and raised questions about extravagant use of public money with little benefit for women.

The tribunal was established in 2020 following controversy over how screening used to be carried out in Ireland. 

Some women affected have since died, including Vicky Phelan and Irene Teap.

Now, the Department of Health said 26 claims were received, with two combined, leading to 25 claims processed. 

Some 20 were lodged by women and six by families.

“The tribunal did not make any awards,” the department said. 

“Some of the 25 cases were settled between the parties, some were withdrawn and went to the High Court, and some were abandoned completely. 

"None went to a full hearing and, therefore, no awards were made by the tribunal.” 

Some 18 settlements were reached, seven did not proceed, and one was struck out.

Costs excluding remuneration for members came to €3,445,449.

Office fit-out costs came to €1,627,645 for space on the third floor of the Infinity Building in Smithfield, Dublin. 

In a separate annual report for 2020, the tribunal said the fit-out was done by the Office of Public Works.

Lease costs came to €999,534.58 (excluding Vat) from 2021 to April 17, 2024.

The bill included service costs of €340,916 (excluding Vat) and operating costs of €477,354.28 (inclusive of Vat). 

Final invoices were received in October last year.

Patient support manager with 221+ Ceara Martyn said the low number of claims was not surprising.

“We were very clear the tribunal was doomed from the start,” she said.

From the very beginning, in the meetings in 2020, Vicky Phelan was very clear it would not help women. 

"So you still had to go in and battle with the lads.” 

The 221+ group has 368 members and only a small number took part. 

“From the people I have spoken to who went through it, it was acrimonious. It wasn’t a soft and gentle process,” she said. 

“The mediation was adversarial, it wasn’t easy.” 

She queried fit-out costs in particular, saying: “€1.6m, that’s shocking isn’t it? I cannot get over that.” 

Ms Martyn suggested this money could be better used to expand how 221+ can support women.

She also stressed that Cervical Check works closely with 221+ now and the new screening process is “gold standard” internationally.

“It’s so easy for people to lose trust, and we are very behind the screening process now. Cervical Check is doing a great job,” she said.

The data was released to Sinn Féin health spokesman David Cullinane. 

He described the low claims numbers as “concerning” on Thursday.

“It was promised as a non-adversarial alternative to court, and yet it seems women voted with their feet. 

"The fact that not a single case went to a full hearing is telling,” he said.

He recalled women had warned the health minister in 2020 that the tribunal was not fit for purpose, saying they had said: “There was a lack of provision to return to the tribunal in the event of a recurrence.” 

“The 221+ group raised concerns when the tribunal was being established and their concerns fell on deaf ears,” he said.