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Dáil
‹ Leaders' Questions

Surgical symphysiotomy survivors’ redress

Summary

Deputy Pringle calls for recognition and legal redress for symphysiotomy survivors, including waiving the statute of limitations. The Tánaiste acknowledges their distress and says the Government is awaiting Professor Walsh’s report before deciding how to proceed.

I take this opportunity to send my condolences and sympathy to Savita Halappanavar's husband, family and friends. Although these instances may be rare, one life lost unnecessarily is one too many. As matters stand, this is something that could still happen to our wives, sisters or daughters. I join the calls for the report of the expert group to be published without delay so that we can rectify the situation as soon as possible.

Unfortunately, the mistreatment of women under the State's care is nothing new. This week some 150 symphysiotomy survivors travelled to Dublin for the first screening of a documentary that examines this brutal practice. In the case of many of these survivors, the operations were done without their prior knowledge or consent. They continue to call for justice and a recognition of the suffering they have endured as a result of this barbaric procedure.

For too long, this State has failed women. This must end. We must prioritise the welfare of the mother and what is best for women from a medical perspective so that tragedies such as these can never happen again. Will the Tánaiste listen to the calls of the survivors of symphysiotomy and waive the statute of limitations so that these women can be compensated for what was done to them under the watch of the State? There has been cross-party support on this issue but no action on something that has been described as arguably the biggest human rights scandal in Ireland since the foundation of the State. Most of these women are now in their 70s and 80s. They are looking for justice for the most dramatic event of their lives. Will the Tánaiste address and recognise the mistakes of the past? Will he commit to prioritising the well-being of women who find themselves in situations in which their welfare is put at stake?

Comment on this

I am conscious of the distress that symphysiotomy has caused to a number of women and I recognise the pain it has caused to those affected. The Government is committed to dealing with the women concerned sensitively so that, if at all possible, closure can be achieved for them. The first priority of the Minister for Health is to ensure that the health needs of those who have had symphysiotomies are met quickly and effectively. The HSE provides a range of health services to women who have undergone symphysiotomies. Patients who underwent this procedure have, on application, been granted full GMS eligibility on medical grounds. Advice with regard to pathways of care is available to women on request through the five symphysiotomy liaison officers in the HSE. Necessary medical expenses related to symphysiotomy in respect of medical and private treatments may also be refunded.

A report has been commissioned by the chief medical officer in the Department of Health. This is an independent research report into the practice of symphysiotomy in Ireland from 1944 to 1984. An independent academic researcher, Professor Una Walsh, was formally appointed on 1 June 2011. The compiling of the independent research report has two stages. The first is the production of a draft report based on an analysis of published medical reports and research. This report contains information about how frequently symphysiotomy was carried out in Ireland and compares rates with other countries. It also provides reasons the procedure was carried out. The second stage of the research is planned as a consultation process led by the researcher, who will seek feedback on the contents of the draft report from those with experience of the procedure, particularly the women concerned, and health professionals. She will then use this material in finalising the report. The final report will be presented to the Minister for his consideration of any actions that may be required to address the issues concerned. The Minister is determined to bring this matter to a satisfactory conclusion for all the women concerned as soon as possible. The Government expects to receive the report shortly.

Comment on this

The Tánaiste's response tells us that another expert report is being drafted in respect of a desperate situation. The issue in question is that the State should recognise the wrong that was done to these women. The way to do that and allow them to achieve closure is to waive the statute of limitations to allow them to go before the courts and have their cases heard. There was a recent precedent in the courts in which a person was compensated, so it is the case that the courts can deal with the matter and these women can have their rights vindicated. We do not want to see another report that will drag on perhaps for years before being published. We need this issue to be resolved once and for all. I again call on the Tánaiste to waive the statute of limitations and allow these women to come forward and have their rights vindicated in the courts.

Comment on this

The purpose of the report is not to drag out this issue but to enable the Government to make an informed decision about how to deal with it. Professor Walsh has been conducting the research and consultation, including consultation with the women and health professionals concerned. We should allow that work to be completed and concluded in order that we can make whatever decisions are necessary arising from it. I assure the Deputy that as a Government we have decided to deal with this issue. Professor Walsh was appointed in June 2011, in the lifetime of this Government. Her work needs to be completed and when that is done the issue will be addressed and dealt with.

Comment on this