The Government has announced details of a new scheme for payment to victims of the surgical procedure symphysiotomy, however critics of the scheme say it falls far short of Ireland’s human rights obligation to victims.
The redress scheme will see three separate award levels of €50,000, €100,000 and €150,000. The fund total is approximately €34 million.
Former High Court judge Maureen Harding Clark has been appointed as an independent assessor to oversee the implementation of the redress scheme. Judge Clark has previously served as Chairperson of the Lourdes Hospital Redress Scheme.
Minister for Health Leo Varadkar said the appointment of Clark was an important step.
“The women’s views have helped us to shape this Scheme, and we hope it will be acceptable to the majority. They specifically requested the appointment of a fully independent Assessor. I am very pleased that Judge Maureen Harding Clark has since agreed to accept this position,” Mr Varadkar said.
The Irish Council for Civil Liberties (ICCL) has strongly criticised the redress scheme. The council says it falls far short of meeting Ireland's international human rights obligations to survivors of the procedure.
ICCL Director Mr Mark Kelly said:
"In July this year, the United Nations Human Rights Committee outlined the measures that should be taken by the Irish Government to provide proper reparation for survivors of symphysiotomy.
“The UN's top human rights experts made crystal clear that the women concerned have a right to an effective remedy for the harm done to them, which should include: a prompt, independent and thorough investigation; the prosecution and punishment of the perpetrators, including medical personnel, and fair and adequate compensation and rehabilitation, on an individualised basis."
The symphysiotomy procedure involved cutting through the women's pelvis during childbirth - often without the patient's consent.
The scheme will also be open to women who underwent a pubiotomy - a procedure that cuts through the pubic bone.
There are more than 150 cases before the High Court at present. The women taking these cases will not be entitled to apply to the redress scheme if they continue with these actions.
The ICCL claims the idea that payments are conditional on any legal action against the state being dropped adds insult to injury.
“Reports that any offers made under the scheme will have to be accepted within less than a month, and that any payments will be made conditional on survivors dropping their legal actions against the State add insult to injury,” Mr Kelly said.
