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Ellen O Brien is pictured outside Leinster House in Dublin this evening. Sam Boal/Photocall Ireland

Government accepts Bill to allow for symphysiotomy compensation

Symphysiotomy was a surgical procedure used in Irish maternity hospitals until 1984. It involved the unnecessary unhinging of the patient’s pelvis during or after child birth.

THE GOVERNMENT HAS said it will accept a cross-party Private Members Bill which could allow for the statute bar to be set aside so survivors of symphysiotomy could seek compensation in the courts.

Speaking in the Dáil this evening, Health Minister Dr James Reilly said he would not oppose the proposed legislation despite its “serious flaws”.

He warned that although Caoimhghín Ó Caoláin’s laws might not achieve their objectives, the coalition did not want to send out the “wrong message” by not accepting the bill.

The Fine Gael deputy said he wanted to signal his “intent to do whatever is possible to bring closure” to the women affected by symphysiotomy.

Symphysiotomy was a surgical procedure used in Irish maternity hospitals until the 1980s. It involved the unnecessary unhinging or breaking of the patient’s pelvis during or after child birth. Chronic pain, mobility issues and incontinence are all problems associated with the procedure.

Performed in the place of the more commonplace Caesarean section, symphysiotomies were often carried out without prior knowledge or consent. According to the Survivors of Symphysiotomy (SOS) group, some doctors favoured the operation long after it was discontinued in other countries “mainly for religious reasons, by obstetricians who were opposed to family planning.”

Reilly said that he would ensure “closure” for the approximately 200 survivors by the end of this year. He said he will brief the government further once he receives the independent Walsh Report before quickly deciding on further actions.

“Actions must bring closure for those who have been harmed, and who we cannot give back their lives,” he said. “But we can ensure resources flow to them and not elsewhere.”

The Minister’s speech was met with a round of applause. Many of the victims, some who are in their 70s and 80s, were at Leinster House for the debate this evening.

They want to be allowed bring their fight for justice and redress to the courts. Currently, the statute of limitations on personal injury in Ireland is just two years but many of the women were unaware of the cause of their pain for decades. Most were first-time mothers who did not know what childbirth entailed.

The bill is based on the precedent of the Statute of Limitations Act 2000, which lifted the bar for sexual abuse victims of residential institutions.

More than 75 per cent of the procedures were committed at insured private hospitals that are still liable for injuries received. The country’s final symphysiotomy was performed in Our Ladies of Lourdes Hospital, Drogheda in 1984.

Although many victims are willing to engage with legal processes, other survivors continue to await the final Walsh Report commissioned to examine the practice. Its publication is due shortly.

Read: Symphysiotomy survivors gather to recount stories of torture

Interview: ‘I didn’t know if my baby was dead or alive for two days’

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17 Comments
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    Mute Sheik Yahbouti
    Favourite Sheik Yahbouti
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    Apr 16th 2013, 9:05 PM

    What a disgraceful response from the Minister. They had no choice but to accept the sf motion given that the victims had publicized the crocodile tears and the false promises of certain ministers whilst in opposition. I know the country is broke, but these poor ladies are few, and will become even fewer as the Government drags the process out as long as it can. Please give them their acknowledgment and their compensation – it will be a drop in the bucket.

    67
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    Mute Stephen Fitzpatrick
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    Apr 17th 2013, 8:48 AM

    If there are 200 of them, and they get 100,000 each for a lifetime of pain and suffering, then that is 20 million.

    1
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    Mute Úna O Connor Barrett
    Favourite Úna O Connor Barrett
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    Apr 16th 2013, 9:21 PM

    Are you sure the country is broke?.Joan Burton claiming 76000 to run her CAR,TDs getting 3000 a week.Tds claiming travel allowance.Why can’t they drive their own cars have they a disability that prevents this.Dont tell me there is no money in this country,there’s plenty in the Dail.

    57
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    Mute Paul Donnelly
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    Apr 16th 2013, 9:11 PM

    Well done to the Sinn Féin health team led by Caoimhghín ó Caolaín the Dáil and to the women who campaigned. I applaud (a first for everything) the Governments decision ( however begrudgingly)to accept the bill.

    56
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    Mute Cathal
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    Apr 16th 2013, 8:40 PM

    Speaking in the Dáil this evening, Health Minister Dr James Reilly said he would not oppose the proposed legislation despite its “serious flaws”.
    He warned that although Caoimhghín Ó Caoláin’s laws might not achieve their objectives, the coalition did not want to send out the “wrong message”.

    What wrong message can come from the state paying honest recompense to women who were physically disabled for life… It has taken decades of perseverance on the part of the victims, along with SF support to force the Government into facing its duties and responsibilities to the wronged-victims.

    If i was cynical, i might say that Reilly was shamed into this and its killing him that he had to do it.

    54
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    Mute Quentin Collins
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    Apr 16th 2013, 8:44 PM

    Well done Minister Reilly. It’s nice to see a settlement for these women who were butchered in the interests of medical convenience.

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    Mute Jay funk
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    Apr 16th 2013, 8:55 PM

    Butchered in the name of religion more like it

    61
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    Mute Máirtín Arbuckle
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    Apr 16th 2013, 10:19 PM

    Well done Minister Reilly?For what?he isnt doing anything particularly helpful for these women,the only thing he is doing is not opposing the motion,he never proposed a motion to help these women himself.
    Well done Caoimhghín ó Caolain and Sinn Féin.

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    Mute Quentin Collins
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    Apr 17th 2013, 12:00 PM

    Martin
    Get off your Shinners high horse and learn that Governments don’t have to do the bidding of Opposition Parties. This decision by the Minister shows that he is behaving decently while your Party is following in the footsteps of Fianna Fail. You’ll embrace any cause if there’s a vote in it and you’ll cause any damage to society so long as you can gain power.

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    Mute Sarah Boland
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    Apr 16th 2013, 11:26 PM

    Time to seperate church and state for good. Especially as there are so few people who are interested in catholic religion nowadays. I am sure they can find a better way of showing off their new frocks on a sunday morning than idolising a religion that has so little regard for women. I cannot believe that some people even if it is a small few believe in god in this day and age.

    44
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    Mute Patricia Mc Cann
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    Apr 16th 2013, 10:07 PM

    Very welcome decision , no more delays please .

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    Mute Susanna Smyth
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    Apr 16th 2013, 10:54 PM

    I saw a programme that said nuns nursing at these hospital where these barbaric procedures were carried out were anxious to be present to observe as this was way of delivering babies when they were on the missions and proper deliveries were impossible as there were no hospitals available

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    Mute Lesley Harpur O Connell
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    Apr 16th 2013, 11:10 PM

    About time …! Well done to Caoimhin O Caolan and Sinn Fein for the fantastic work on this bill…hopefully compensation for these women will be sorted ASAP.

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    Mute b flynn
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    Apr 16th 2013, 11:28 PM

    The legislation has to be put in place first, Sinn Fein hasn’t achieved a thing yet. I sincerely hope that SF will clarify clearly what it means to the very vulnerable elderly women, excitement this evening, reality about the legal situation tomorrow – no change

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    Mute Joe Sixtwo
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    Apr 16th 2013, 11:14 PM

    I never understood the point of this barbaric practise in this country after it was banned in most civilised countries.

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    Mute Lillian O'Connor
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    Apr 17th 2013, 9:01 AM

    Good that common sense has prevailed here for those women that were mutilated

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    Mute Jim Monaghan
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    Apr 17th 2013, 10:52 AM
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