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Dáil
‹ Leaders' Questions

Symphysiotomy survivors’ redress

Summary

Clare Daly urges urgent justice for symphysiotomy survivors and says they oppose a redress scheme treating the procedure as medically acceptable. The Tánaiste assures her that the Government is addressing the issue urgently and sympathetically, while declining to anticipate the Minister’s proposals.

Over two weeks ago, a woman called Mary Kerr, who was a symphysiotomy survivor, died. As she was unable to do so, her family were active in fighting for justice for her, a justice she will now never get.

In response to a question yesterday from Deputy Adams on the Magdalen laundries, the Tánaiste made the point that time is not on the side of the Magdalen laundries survivors. Time is not on the side of symphysiotomy survivors either. The Taoiseach told us last week that the reason for the delay in dealing with this issue was that the Minister for Health was considering the final draft of the Walsh report, which report he has had for seven weeks now, so as to ensure the appropriate treatment for the women concerned. There is no appropriate treatment for symphysiotomy. The damage done to these women decades ago cannot be undone. Many of them have had up to 25 operations and some have never left their homes. Husbands lost their wives and children their mothers. This is not a matter of health, it is a matter of justice. Comparisons with the Magdalen laundries are totally inappropriate. What we are talking about in respect of symphysiotomy survivors is personal injuries as a result of gross medical negligence.

The Tánaiste's party colleague, Mr. Fergus Finlay, identified earlier this week that the draft Walsh report was a much criticised document. The report was based on a central flaw that the barbaric practice of symphysiotomy was medically acceptable, which is simply not the case. The idea that the final report will add anything new is highly suspect. In light of this, why are we waiting for the final report? The only conclusion one can draw, and it is one being drawn by many of the survivors, is that far from grappling with the legacy injustice as best it can, the Government appears to be engaged in an attempt to deny access to the courts to the ageing victims of symphysiotomy by long-fingering the issues, while holding out the possibility of redress. In other words, it is coercing the victims into acceptance. I do not make that point in any way lightly.

The House unanimously supported Deputy Ó Caoláin's Bill to lift the statutory bar and allow the women access to the courts. We should have disposed of the legislation by now. Is the Tánaiste aware that two weeks ago the national membership of Survivors of Symphysiotomy, which represents 98% of the victims of the practice, unanimously voted to reject any redress scheme based on a Magdalen type arrangement and urged the Government to negotiate with its executive to achieve a just and fair settlement of its legal actions? Can the Tánaiste, before the House breaks up for the summer, give the women an assurance that the Government will listen to and deliver a solution for them?

Comment on this

Yes, I can give the assurance that the Government will listen and is listening to the symphysiotomy women. This has been an issue of concern to the Government since it was formed and one the Minister for Health has decided to address. It is also an issue that is raised frequently with the Government by Members from all sides of the House. It was raised by a number of members of my parliamentary party at our meeting yesterday. The issue is, therefore, of immediate concern to the Government. The Minister for Health is considering the steps that can be taken on the matter and I understand he will bring proposals to Government in the near future. I give the assurance, before the House rises, that the issue is being addressed seriously by the Government.

Comment on this

There is a difference between listening to and hearing what people are saying. The Government has said much on this issue but its actions indicate that it is embarking on a path that is directly contrary to the wishes of the women involved. The Survivors of Symphysiotomy specifically stated it is not interested in any redress scheme that is based on the idea that symphysiotomy was a medically acceptable practice. The women indicated they want a public acknowledgement by the various defendants - incidentally the individuals in question were practising in private hospitals and, as such, the cost to the State will not be significant - that the operations were negligent and performed without clinical justification or consent. They also want payment of damages to each victim in the range of €250,000 to €450,000. These figures are not being bandied about but are based on a substantial haircut of the amounts the courts have awarded some of the victims who have endured serious damage.

The following question demands a "Yes" or "No" answer. Will the Tánaiste ask the State Claims Agency and Minister for Health to engage with the executive of Survivors of Symphysiotomy, the group that has been mandated to represent the women in question, to reach a just and fair settlement of the women's claim that is not based on a Magdalen type redress scheme?

Comment on this

This Government has a record of dealing sympathetically and with justice in respect of long-standing issues that should have been dealt with over the years. We intend to deal with the symphysiotomy issue in the same way. I do not propose to anticipate what proposals the Minister for Health will bring forward and I do not believe any Deputy would expect me to do so. The Minister will bring forward proposals to be considered by the Government. I assure the Deputy that he is dealing with the issue urgently and sympathetically and is willing to engage with the victims and those who have suffered for some time.

Comment on this