Elaine Loughlin: Extending the CervicalCheck tribunal insults women failed by the State

More time is not helpful — many of those impacted by the controversy do not have time on their side

Health Minister Stephen Donnelly said the pandemic and the cyberattack had reduced the timeframe to access the Tribunal. Picture: Brian Lawless/PA Wire

Why is it so hard to do what is right for women?

The extension of the CervicalCheck Tribunal patronises and further insults women who have already been failed by the State.

It sends out a clear message that women do not know their own minds and simply need more time to come around to what the State thinks is best.

Pressing ahead with a bill to extend the tribunal while ignoring the fundamental failures of the system, the Government has told the women and families impacted by the smear test scandal that it has not listened to them.

Long before the CervicalCheck tribunal began its work, campaigners had raised concerns that it would fail to provide a non-adversarial option and warned that it was not fit for purpose.

'Slap in the face'

The decision of Health Minister Stephen Donnelly to formally set up the tribunal last October was described as a "slap in the face" by campaigner Vicky Phelan.

More than eight months into its work, just five applications have been received by the tribunal, while the vast majority of those impacted continue to see High Court action, and all that entails, as the only real choice.

In fact, by mid-March of this year, 207 claims had been received by the State Claims Agency from women regarding the alleged misreading of their smear tests and a further 49 claims had been received from family members.

The bill, which is among a raft of Government pieces that are being blitzed through the Dáil this week ahead of the summer recess, proposes to extend the period for people to make claims beyond the current deadline of July 26 to January of next year, with the option of extending it further to July 2022.

Speaking in the Dáil on Wednesday evening, Mr Donnelly said the pandemic, coupled with the cyberattack, had the effect of substantially reducing the timeframe which eligible women had to access to the tribunal.

This amendment ensures that they will be given as much time as possible to consider the options available, and make the choice that they believe is right for them.

Women do not need more time and, unfortunately, some of those impacted by the controversy do not have time on their side.

Instead, they need the issues raised by the 221+ group addressed.

The CervicalCheck Patient Support Group had requested that the tribunal be non-adversarial in nature.

They 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.

Lack of engagement

While indicating support for the bill, opposition TDs lined up to criticise the lack of engagement by the minister.

Labour leader Alan Kelly said the tribunal had been established to offer a pathway to resolution outside the courts, but has not won the confidence of those impacted or their legal teams due to the State’s unwillingness to address a small number of key issues.

Solidarity-PBP TD Bríd Smith said: “The fear women have is that this tribunal is a continuation of a policy of secrecy and trying to hide the full facts of the CervicalCheck scandal.

"If we are serious about the State apology to these women we need a tribunal that is fit for purpose and we need the state to accept that the entire policy of contracting out these services to private labs is at the heart of the issue.”

For too long, the State held a firm control over women's bodies, it cannot be allowed to continue with this paternalistic attitude.