Today an Taoiseach Leo Varadkar, the Minister for Health, Simon Harris and the Minister for Finance, Paschal Donohoe announced that Mr Justice Charles Meenan has been tasked with identifying further mechanisms to avoid adversarial court proceedings for the women and families affected by the CervicalCheck controversy.
Speaking after the meeting the Taoiseach said
I want to thank Vicky Phelan for taking the time to meet with me today, Vicky and all those affected by the CervicalCheck controversy have made a deep impression on the Irish public and on me.
The Taoiseach has reiterated that the Government wants cases arising from CervicalCheck audits to be resolved through mechanisms which avoid women and their families having to take the stand.
Notwithstanding that parties always retain the right to go to Court, alternative dispute resolution mechanisms must be found which avoid causing unnecessary distress for the women and their loved ones.
The Taoiseach, the Minister for Health and the Minister for Finance have restated the Government and the State Claims Agency’s commitment to use mediation where possible to settle cases in a sensitive and compassionate manner.
However, the Government has acknowledged that mediation involving multiple parties and disputed facts has presented realdifficulties in achieving successful resolution in some cases.
Mr Justice Meenan has been asked to make recommendations on how the current situation can be dealt with. In doing so, Mr Justice Meenan has been asked to:-
- Engage with the women, their families and their representatives to assess what, in their opinion, could be done to provide an alternative to court.
- Assess the management of cases, liability and quantum that arise, in conjunction with the State Claims Agency and other relevant bodies (State parties, laboratories, insurers, indemnifiers and affected parties).
- Have regard to the work of Dr. Gabriel Scally’s Scoping Inquiry and the International Clinical Expert Panel Review led by the Royal College of Obstetricians and Gynaecologists,and the British Society for Colposcopy and Cervical Pathology.
- Report to the Minister for Health within two months. The report to recommend a way through which these cases can be resolved, in a sensitive and timely manner, that is appropriate to these cases involving complex liability issues and multiple parties, outside of adversarial court processes.
The Government intends to act on Mr Justice Meenan’s recommendations as soon as they are available.
The Minister for Health emphasised the vital public health role of screening programmes saying
The cervical screening programme has reduced the incidences of women developing cervical cancer. There was a significant downward trend in the incidence of invasive cervical cancer between 2010 and 2015. Screening remains an essential element in our fight against cancer. We must continue to promote screening programmes, to improve screening efficacy, build public understanding of the screening process and restore public confidence.
Notes to Editor
The Minister for Health also provided an update on the various initiatives currently being implemented:
Supports already being provided to women and their families
- Ex-gratia payments of €2,000 have now issued to nearly 200 of the women or their families.
- Over 600 new medical cards have been issued.
- A package of primary and social care supports has been put in place and a team of specially designated Liaison Officers has been appointed to work with individuals to help them access the required supports.
- Arrangements are in place to reimburse a range of costs that women and their families have incurred or may incur in the future including travel, childcare and out-of-pocket costs.
- Legal requests and FOI or data requests are being met within the time limits in the vast majority of cases.
- A letter has recently issued to the 221 women and families involved in the original audit to ensure they have the most up to date information in relation to the CervicalCheck clinical audit, Dr Scally’s Scoping Inquiry, the International Clinical Review, the package of supports available and how to request their CervicalCheck records.
The Scally Inquiry
The Scally Inquiry is examining all aspects of CervicalCheck, and all relevant documents within the Department and the HSE. Dr Gabriel Scally has already presented two reports to the Minister for Health, containing the first findings of the Inquiry. Minister Harris has accepted all six recommendations from these two reports and expects Dr Scally to have his final report completed by the end of the summer.
The International Clinical Expert Review Panel
The International Clinical Expert Review Panel led by the Royal College of Obstetricians and Gynaecologists (RCOG) will review the results of screening tests of all women who have developed cervical cancer who participated in the screening programme since it was established. The review will provide independent clinical assurance to women about the timing of their diagnosis, and any issues relating to their treatment and outcome. The work to support the International Clinical Expert Review Panel is underway. Consent will be sought from the women affected or their families for their participation in the clinical review. The first letters seeking consent of the 221 women will issue very shortly.
Expert Group on Clinical Negligence Claims
Separately, Mr Justice Charles Meenan was recently appointed as the independent Chair of the Expert Group on the Law of Torts and System for the Management of Clinical Negligence Claims. The work of this Group includes consideration of the circumstances applying to specific categories of claims from the perspective of the person who has made the claim, including claims where there is no dispute about liability from the outset and claims where an alternative dispute resolution mechanism could be effective.
The outcome of the identification of improved mechanisms relating to Cervical Check litigation will inform the work of the broader separate Expert Group.