I raise with the Taoiseach this week, as I did with the Tánaiste last week, the issue of the women and families who are suffering as a result of the CervicalCheck scandal. We all know of the case of Lynsey Bennett last week. I am sure everyone in the House wishes her the best in her travels for immunotherapy.

I am genuinely asking these questions, as someone who has been involved in this issue for some years. Have we learned anything? Are we doing everything we possibly can for these families who were let down by the State? The Ruth Morrissey judgment in the Supreme Court changed everything. Ms Morrissey was an amazing woman. The HSE is now primarily liable for these cases where negligence is found. Why are these cases not being dealt with beforehand? Why are they not being dealt with far quicker? I know there are a large number of cases coming down the line.

Following the recommendation made by the Chief Justice to us as legislators, why is it not a requirement in the Government's legislative programme to change the Civil Liability (Amendment) Act to ensure that women are not faced with having to choose between taking cases or allowing their families to do so after they pass? This is not a tolerable or fair choice.

Why, in response to the issues raised by Ms Bennett and others, did the Taoiseach, the Minister for Health, Deputy Donnelly, and the Tánaiste state last week that the tribunal was the solution? We now know, because I asked a question and the information suddenly appeared in the media, that nobody has applied to the tribunal. It is not fit for purpose for reasons that the Taoiseach and I have discussed both publicly and privately. These cases will not end up at the tribunal and the majority, if not all, of them will end up in the High Court.

Why are women who are affected by this scandal having to fight to get immunotherapy drugs? Vicky Phelan was promised by then Minister for Health, Deputy Harris, that pembro would be paid for, rightly so. I worked with her to ensure that all other women who were affected would also get it. Why did Patricia Carrick, whose family the Taoiseach apologised to in this Dáil, have to fight for months to get pembro, despite being clinically approved? Why, last Friday, did I have to contact the HSE to ensure that Lynsey Bennett would get pembro, even though she has passed her tests and was clinically put forward?

Amazingly, because she was appearing on "The Late Late Show", all of a sudden it was approved.

Why is the Government going to take medical cards away from the families of all the women who have been affected? Would it not be more fitting to ensure that the medical cards for those family members who are affected by this are given to them for their lifetime? I do not believe anybody would say that that is not warranted.

I thank the Deputy for raising this issue. We wish Lynsey Bennett the very best as she travels to Mexico. I spoke with Lynsey on the telephone over two weeks ago with regard to her devastating situation. It is devastating for all of the women involved and their families.

In terms of the issues relating to the establishment of the tribunal, prior to this Government being established, legislation was passed in this House. All parties, including the Deputy's party, participated in that process. The issue for this Government was to establish the tribunal in line with both the Meenan recommendations and the legislation that was enacted in the House, which had the support of all political parties at the time. The nominated members were appointed to the tribunal with effect from 1 December last. This has facilitated the tribunal in starting its work.

Liability and negligence are two very important but distinct issues. Negligence has to be proven in all situations, be it before a tribunal or in a High Court setting. The laboratories in all of these cases have been proven to be negligent and the State has indemnified them. There has to be the establishment of negligence. I think that was agreed-----

I know.

That is an important issue. The Deputy raised the issue about liability and negligence and I want to make the point that it is an important distinction and it is an important issue.

There is no Government edict stating that pembro should not be available.

Why is it not being issued?

I will pursue the point that the Deputy has raised. There should not be an issue. Neither should there be an issue with the medical cards, and I will pursue that also. What has been committed to should be honoured and I will undertake that it will be honoured in respect of those two issues.

What the Deputy says about the Morrissey case changing is contested. That is not accepted legally. In respect of the Civil Liability (Amendment) Act, that would have a broader remit, as the Deputy knows. It applies not just to the CervicalCheck situation but to a wider area involving personal injuries.

The tribunal is receiving queries. The Deputy would have been aware of the statement yesterday.

There are-----

No. I was speaking in terms of queries coming through about transfer of cases and so on.

It is zero - no cases.

I believe the tribunal offers a better forum than the High Court. It gives a great opportunity for mediation and in my view would be more expeditious and effective. It is a forum that should be given a chance in light of all of the work that has been put into it.

I do not have time to go into it but what the Taoiseach is saying in respect of the Chief Justice and his recommendation should be dealt with. I would have a different view on what he is saying about the Ruth Morrissey judgment. I welcome what the Taoiseach said in respect of pembro and people keeping the medical cards, particularly as they are about to be taken from them.

I want to raise one other issue. The national screening service issued a new edict yesterday regarding changes to the pathway for women who have cervical concerns, bleeding, etc. They must now be triaged instead of going to colposcopists. The recommended time for referrals to be dealt with was four weeks and it now seems to be a standard eight weeks. Local HSE groups will now be asked to put in place their own rules and procedures around that. Since this whole crisis erupted, what extra resources have been put in place to ensure that women could have their issues addressed and that there will be enough colposcopists and other resources? What has been learned?

I want to ask the Taoiseach a very clear question. Dr. Gabriel Scally compiled a report on all of this, as we all know. We all welcomed that report. Does he agree with the new pathways that were put in place yesterday? Considering that he was retained by the Government post his report, was Dr. Scally consulted on this matter? Has anyone asked him? I dare say that if he was asked, he would not agree with this.

First, these are clinical pathways. That is what the Deputy is referring to.

I am referring to was announced in public yesterday.

I am not a clinician. I am not going to attempt to presume expertise in an area in which I do not have expertise.

The framework was in place. Was it followed?

The point I am trying to make is that there is no issue with resources from this Government's perspective. Four billion euro has been allocated to the health service this year - €2 billion for Covid and €2 billion for non-Covid matters. I ask the Deputy to hear me out. There can be no question, therefore, of any financial resources being pulled from any particular sector.

Have we enough-----

More than 7,000 additional staff have been recruited to the health service-----

Will the Taoiseach get to the specific point?

I am getting to the specific point if the Deputy would not interrupt. In comparison with January 2020, there were 7,000 additional healthcare staff in place last month. The point I am making to the Deputy is that where staff can be recruited, they are being recruited. That is across all categories. I talked to the CEO of the HSE this morning, not specifically in respect of this issue but the Deputy gets my point.

I do not.

There can be no argument that resources are not available to recruit-----

Where are the resources to-----

-----the specific personnel that are required in this area, no more than any other area. All healthcare personnel that are out there are being recruited by the HSE. It has recruited 7,000 additional staff in one 12-month period alone. In terms of-----

Did the Taoiseach ask Dr. Scally if he agrees with this?

I am sorry. There is an existing clinical team within the HSE and so on. The Deputy referenced the Morrissey judgment in terms of the tribunal and so on.

I am afraid the Taoiseach is over time.

Okay. I will come back to Deputy later on that.