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LAST UPDATE | 19 Dec 2018
THE GOVERNMENT IS to establish an independent statutory tribunal to deal with claims arising from the CervicalCheck scandal.
The tribunal was announced this afternoon by Health Minister Simon Harris who said preparatory work would begin as soon as possible ahead of the establishment of the tribunal later in 2019.
The Department of Health said that the hearings would be heard in private and is to be established as a way of providing an alternative system for dealing with cases arising from CervicalCheck.
The Cabinet has approved Ms Justice Mary Irvine as chair of the tribunal.
The establishment of the tribunal was one of the recommendations made by Justice Charles Meenan in a report into the appropriate response to the scandal.
One of the recommendations was that a tribunal be established to so that claims could be resolved outside the court process.
Meehan noted in his report that no matter what alternative system is proposed that legislation would be required.
The report advised that the chair would be the sole member of the tribunal and would have the power to apportion liability, award damages and make orders for legal costs.
Participation in the tribunal is voluntary for all parties but it will have the power to order discovery, inspection and the attendance of witnesses.
Meehan also advised that determinations made by the tribunal could be appealed to the High Court by way of a complete re-hearing.
The department has confirmed this evening that this would be the case and said that such a re-hearing would also be held in private.
The department has noted that the issue of liability is not straightforward to determine in CervicalCheck cases and that Judge Meehan a redress scheme based on “no fault” liability is not appropriate.
“The proposed tribunal must take into account the respective liability in each case, each person’s constitutional right of access to the courts and the constitutional right of the parties involved to fair procedures,” the department states.
If liability is not contested in certain cases, they are to be fast-tracked by the tribunal.
Announcing the process, Minister Harris said it does not restrict the right of women and their family to give evidence in public in the High Court.
“The tribunal will allow women to progress their cases in a timely and sensitive, less adversarial manner, while equally respecting the constitutional entitlement of all parties to a fair hearing,” the minister said.
Harris is also understood to have written to the women involved to brief them in advance of the plans.
The minister also confirmed that he is to examine the early establishment of a non-statutory scheme to provide ex-gratia payments for the women affected by the non-disclosure of the CervicalCheck audit.
- With reporting by Christina Finn
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Awesome! Another tribunal where nobody will be accountable or punished.
@sequoia: but solicitors and others will make millions from it
@sequoia: “The tribunal finds it was a systems failure”. Why do we need a tribunal? Didn’t the UK consultant review and publish a very succinct and accurate report?
More money down the drain. You’d think varadkar would be saving millions given the €450m hike in the children’s hospital cost.
@sequoia: Its the Irish way, a ” get of jail free” card for the government. As soon as they realise they have to actually answer for something they call a tribunal paid for by the taxpayer to tell us they are guilty of some crime or misdeeds but you cant touch us
@D H: They are laughing at us, they have zero respect for the anyone except a few sectors that the taxpayer funds and it will never change as long as we keep voting for FF/FG.
@sequoia: It’s not a tribunal of enquiry.
It’s just to arbitrate on the individual claims in private.
They are confusing the public by calling it a tribunal.
Another tribunal. We do love them! And not one person will be held accountable or made to pay after how knows how many years it will go on and how many millions it will cost
Some of Leo’s mates must be running a bit light in the pocket.
@Patabake Kennedy: exactly. Sometimes I wish the Irish were a bit more like the French. Imagine how they’d react to another pretend inquiry designed by the well off in order to make the well off even more well off.
If they genuinely were looking for culprits. They’d get the police to investigate.
@jo mixon: And just when they are leaving on a month’s holiday. Sure where would ya get it.
Is there anything to be said for another tribunal father
@Tommy Byrne: or how about an inquiry
I sense a complete lack of accountability coming on
another whitewash with no one held accountable , no one disciplined ,sacked or demoted and no one responsible for anything – but it will provide a few hundred grand for the lawyers ,barristers , committee members and government hangers on — no money for the victims but plenty for the golden few !!
Brilliant. I love tribunals. I hope this one goes on for generations like all the others. My grandkids will be interested in finding out no one will be held accountable
We can just merge this tribunal with the children’s hospital one.
@Caroline Otoole: then it’ll take three times as long and cost five times as much
Millions of euro for the click, then blame someone who’s already headed for the hills on a fat pension,but make sure whoever’s to blame doesn’t get held accountable..
@Damian Kelly: #clique#
A bloody tribunal. Kick the can down the road and nothing will come out of it.
More waste of taxpayers money and no one held to account. Brilliant.
A tribunal? Ha ha ha, that’s more insulting than doing nothing at all.
Tribunals and reports.. blah blah, don’t tackle the problems what ever you do..
Vicky, I commend and admire you so much. All I can say is hang in there and do what you must. I cannot imagine what you are going through.
I hope you and your family have a lovely Christmas and healthy New Year.
How many millions is that going to cost the Irish taxpayer
We’ve just had a tribunal into the Maurice Mc Cabe sandal and what happend to the retired Garda Commissioner, findings of a most serious nature against him are now gathering dust along side that of the Morriarity Tribunal report.
We must find a quicker, and more effective way of dealing with the Cervical Cancer scandal, time is not on their side, sadly.
Farce of a government. Waste even more money sure we’ve balls of it coming from the taxpayer
Well done folks. The only way to make sure that those responsible get away free of all consequences.
Kicking and screaming no problem finding millions for children’s hospital but no money for respite and the care of vulnerable children on the streets or children with severe disabilities
As everyone is giving out about a tribunal does anyone have any ideas how it should be investigated
@Tony Lyons: Start off by getting a retired judge that was appointed by FG about twenty years ago.
stupid stupid idea. PUT THE MONEY INTO SUPPLYING THE NECESSARY DRUGS AND SUPPORTS FOR THE LADIES/ FAMILIES WHO ARE SUFFERING BECAUSE OF THIS DEBACLE not to bloody lawyers and barristers. For christs sake does anyone in this Government have a single brain cell…. and sorry yes I am shouting
@sinead foley-coleman: how could they when they are flat out knocking back pints in their Subsidised Dail Bar
@ballbreaker: sad but true ballbreaker sad but true
More money for the connected and zero accountability. No legal findings and a few scapegoats sacrificed at the alter. This country is a joke.
Great, more money for the legal eagle’s and the ordinary Joe soap picks up the tab and nobody goes to jail.
And the results just in
While people were to blame
It’s no ones fault
#Handled.
Tribunals are only for certain truths coming to light. You tend to see investigation stop at a point and the Dept certainly never being examined.
What happened April18 was Vicky was meant to take the deal, she didn’t
Absolute joke of a gov, just a bunch of grossly incompetent idiots filling space.
Wish I did law.
have your say