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LAST UPDATE | 2 Aug 2018
THE GOVERNMENT AND State agencies have been accused of hiding behind victims of the CervicalCheck scandal as they battle with laboratories in court.
Following a meeting yesterday between the Taoiseach and Vicky Phelan, the woman who shone the light on the smear test controversy with her case, it was announced that a judge has been approached to work on an alternative approach to settle disputes.
Varadkar promised in May of this year that the government would endeavour to ensure that no woman would have to go to court, stating that mediation would be offered in all cases. However, since making that commitment, it has become apparent that this has not been happening.
Just this week the case of Ruth Morrissey, a 37-year-old cancer patient suing the State and two labs over two incorrectly read smears, was back in the High Court.
Speaking to RTÉ’s Miram O’Callaghan today, Health Minister Simon Harris said he was “angry and upset” to hear this case was back in the courts before mediation had recommenced.
“Clearly we hit a roadblock , a very serious blockage in Ruth’s case,” he said. Now, he said, the government has to work out a way of overcoming this roadblock in Ruth’s case and in others as they arise.
He said it is important that women continue to participate in the screening process, but said he wanted to make it clear that screening is not diagnostic and as with similar programmes around the world, there is an error rate.
Establishing that the error was negligent in these cases is key and Harris said the government wants to find a way to do this outside of a courtroom.
Solicitor Cian O’Carroll, who represents some of the women involved in the controversy, said the issue is “getting tied up in knots”.
He dismissed suggestions that compensating the victims could undermine the screening programme as he said this would only happen in cases of negligence, and not for every false negative.
“Parties can form a view themselves [informed by liability reports] whether a case is beyond fighting, if the error is so significant it amounts to a breach of duty.”
He pointed out that the 221 women identified so far as being affected by the scandal had been selected by CervicalCheck “because of the degree of error”.
“They shouldn’t be made to feel bad or in some way unworthy in looking for redress when they’ve been so severely harmed and wronged.”
As long as the State continue with its current policy which is to push the women out front, then do the fighting for them while the State effectively hides behind them and says ‘we can’t do anything because our hands are tied’, well then this will continue case after case.
Mediation
The Taoiseach has now acknowledged that he should have been more clear when making promises back in May, stating that mediation is “not the holy grail” in all cases.
Stephen Teap, whose late wife Irene was affected by the scandal, told RTÉ’s Morning Ireland that the news that Mr Justice Charles Meenan is to examine options for compensation is a “positive step”.
“Better late than never,” he added.
Teap said he did not accept that the Taoiseach had control of the situation, stating that he is reacting to the evolving cases that emerge with measures such as the High Court judge appointment.
He said such a system should have announced back in May when Varadkar originally told the women that they would not have to face a courtroom.
‘Reactive’ Taoiseach
The Taoiseach is in a more “reactive” than “proactive”, said Teap, adding that the Varadkar is not out in front of the situation.
Families are terrified of going to court, said Teap, who commented on the “brutality” of the courts process for the women affected, who shouldn’t have to fight their corner.
“It wasn’t the women that signed these contracts with the lab – it was the HSE. The State needs to step in, they need to go after the labs, not the women,” added Teap.
He welcomed the news that the Taoiseach is open to having the inquiry into the scandal held in public.
Phelan and Teap have been calling for an open inquiry from the very beginning.
“You can’t investigate this behind closed doors, we need to be able to see what is going on,” said Teap.
He acknowledged that some women don’t want to be out in public telling their story. Those women should be given the option of not having to do it out in the open, said Teap.
He added that such an inquiry must be concluded quickly.
“It can’t drag out over years – some women don’t have that long and the Taoiseach needs to be mindful of that also,” said Teap.
Criticisms were also levelled at the HSE, CervicalCheck and the Department of Health, with Teap stating that he is still fighting to get his late wife’s medical records, despite Health Minister Simon Harris’ assurances that women and families should be able to access their own information easily.
- With reporting by Michelle Hennessy.
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When the abortion referendum was on Leo and Simon were omnipresent on Irish media, portraying themselves as the two greatest advocates of women’s rights in the EU.
Women were even propositioning the straight one with marriage proposals.
Now they’re like nowhere to be seen, like two bats in the night hiding from the light.
The Emperor only has coloured socks it would appear.
@Jimmy Coltrane:
Note for Leo and Simon……………’Eaten bread is soon forgotten.’
The Eighth Amendment is still law and has not been repealed to date
so portraying themselves as the two greatest advocates of women’s rights
may be premature…………. time will tell
I would say he is more deflective than reactive, as what has he actually done except make broad aspirational statements that he than has had to row back from.
More deflection from leo,all this government do is kick the can down the road,Noonan did it years ago and this is whats happening here.
Leo and simon are not fit for purpose and should be woofed out asap.
I sincerely hope that people with start to see what a waste of space Leo is.
All he is good for is wasting money on propaganda and constanlty spouting what he is going to do in some far fetched future while never doing what he previously said.
@Irish Bob: I was extremely proud of Leo the day he gave Paul Murphy a dressing down in the dail. He has been right on most things but that won’t get acknowledged here.
@Andrew Dillon: Paul Murphy could be taken down by my 4 year old, Leo is a wet blanket , the sort CJ would drop kick out the window
@Andrew Dillon: I will be extremley proud the day that Leo is out of Irish Politics. What do you mean he has been right on most things ? why dont you list them ? While you are at it then list the election promises Leo has made and then what he has done to achieve them.
In fact list anything Leo has done and pls not the maraige and abortion stuff as he just jumped on the bandwagon there for his PR image.
Paul Murphy wheter one agrees with his views or not did this country a favour in helping stop the water charges and exposed the cronyism in how the top jobs were give to John Tierney and the ex RPS Consultanst CEO and Propaganda Director Gerry Grant and Elizabet Arnett. Next phase should be the drive to get rid of Irish Water altogher rather that suffer the quango mess as like the HSE
@Gaz Barclay Dunnes: auld cj didn’t mange to drop kick the tribunal findings against him.
@Irish Bob: don’t know if someone can actually say that the government that actually proposed and argued for the referendum can be called bandwagon jumpers. Unlike some gonzaga, the institute, law at ucd and now working class hero.
The Taoiseach has ran out of excuses, similar to enda kenny, you’ve failed, be man enough to admit that and stand down.
Leo …..Pass the parcel
“Indecision and delays are the parents of failure.”
There is now a three month wait to get results of smears due to the high uptake of free tests for worried women. The only plus is I’m told the tests are being sent to an Irish lab instead of the lab that made the initial errors.
@Sorcha Ní Shúilleabháin: Hi Sorcha, are you sure they are going to Irish labs? I had read somewhere that they only went to an Irish lab, if you paid privately for the smear.
@Sorcha Ní Shúilleabháin: actually no, they are still going to USA according to my GP when I had test recently. I could have opted for Irish lab at c€200!
@Nuts: because on analysis of the results from these labs the Irish ones were found to be more accurate…please try to keep up.Figures were released for this ten weeks ago.
@Grainne Peoples: Hi Grainne. It was a free test and was told it was definitely going to an Irish lab.
@RitaS actor: I was told otherwise by the Family Planning Clinic.
The man is useless. So out of touch with people he hasn’t a clue how to deal with them. To concerned with his image at all times.
When you lie for a living, you can’t live in the real world. I can never see any change happening. Leo is as one dimensional as Kenny was. Not capable of doing anthing other than digging holes.
Varadkar and Harris shoud stand down and Mary Harney should be charged
Fair play to those people! Accountability needs to be introduced into our politics and the HSE. We need to get conpetent people into these jobs, and if they are found to be not good enough, they should get turfed out. Using the “I was democratically elected” excuse to avoid accountability in gov should not be accepted any more for our incompetent politicians.
@Adrian: Absolutely agree with you, Adrian!What politicians need to remember is that citizens gave politicians votes based on their election pledges and if when they get democratically elected &those election pledges reneagued on then they don’t represent those citizens anymore!
I wouldn’t be one bit surprised if they end up back where they are after the voting takes place.they can’t do the job but yet they’ll end up back in the same seats no doubt.sickening really.
@Craig Clancy: That will not happen.
@Brian harris: I’m afraid it will. They are both high in the approval ratings and Leo is bizarrely one of the most popular ever. Maybe the sheeple will wake up and see through his bluff and spin and get him out. Harris should go now and bring the other waste of space Murphy with him.
FFG are useless..
Leo just use the Apple tax
Taoiseach was more honest with Air Corps personnel injured & killed in the workplace due to total disregard of Health & Safety rules.
He gave us the 2 fingered salute & told us to sue.
Beats lying to us I suppose!
@Chemical Brothers: Report him to the Gardai for the 2 fingered salute :-)
http://www.thejournal.ie/driver-hand-gesture-gardai-4160308-Aug2018/
@Irish Bob: Amazing how responsive some organs of the State can be when they want to be.
Shame on all the politicians involved in this scandal which will cause more deaths Did they learn nothing from the Hepc scandal? They should be afraid very afraid because women together are very strong!
Tiring subject. Move on.
@Jams O’ Donnell: if you dont like don’t read it. It’s not compulsory!
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