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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

CervicalCheck and Ruth Morrissey

Summary

Deputy Niall Collins raised Ruth Morrissey’s case and the trauma caused by CervicalCheck failures, citing the Taoiseach’s promise of mediation. The Tánaiste expressed sympathy and said the State was setting up an ex gratia scheme to keep families out of court and achieve fair settlements.

I have been asked by the family of a constituent, Ms Ruth Morrissey, to raise her case. Unfortunately, she has cervical cancer and was failed by the State and HSE in the cervical cancer screening programme. Last May, the Taoiseach said the following on "Six One News" regarding people who have to go to court to seek damages and all the trauma that goes with that: "What we propose to do is to offer mediation in every case so that women can avoid having to go to court and the trauma of a court hearing." He went on to say:

What we will do in this situation is the State will settle and pursue the lab later. So, essentially the State will be on the side of the plaintiff, on the side of the woman.

Late on Monday, Ruth Morrissey was summoned to the High Court for a hearing yesterday, at which point she was subjected to a pretty robust and traumatising cross-examination by counsel for the HSE. Her family is quite upset about it. It calls into question the commitment given to the women by the Taoiseach, namely, that mediation would be offered. Is the Tánaiste happy that the mediation process that the Attorney General was supposed to counsel the State Claims Agency to enter into in a meaningful way is being engaged in? Is he satisfied the women who have been failed are being treated sensitively and properly by the State Claims Agency and that a proper mediation processes is being engaged in?

Comment on this
Simon Coveney The Tánaiste Fine Gael

I acknowledge the difficulty and heartache Ruth Morrissey and her family have had to go through in the context of the CervicalCheck scandal. There are many other victims and families in this category also. The State's only objective is to try to support those affected as best it can, to try to keep people out of court and to ensure fair settlements for the women and families involved. That is why I announced yesterday during Leader's Questions the detail of the ex gratia scheme that is now being set up under the chairmanship of a retired High Court judge. The scheme is to ensure families and victims get the support the State wants to make available to them.

I do not have the exact details on the legal arguments associated with the case in question. I am slow to comment on a court case. I know, however, that the policy direction of the Government to the State Claims Agency is very clear: we want to try to keep these cases out of court so people do not have to go through an adversarial court system in regard to assessing the extent of claims and compensation.

Comment on this