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Report says tribunal should be set up to hear and determine Cervical Check claims

A judge has recommended setting up a tribunal to hear and determine Cervical Check claims. Health...
Newstalk
Newstalk

14.28 16 Oct 2018


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Report says tribunal should be...

Report says tribunal should be set up to hear and determine Cervical Check claims

Newstalk
Newstalk

14.28 16 Oct 2018


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A judge has recommended setting up a tribunal to hear and determine Cervical Check claims.

Health Minister Simon Harris has published the report of Mr Justice Charles Meenan on an alternative system for dealing with claims arising out of Cervical Check.

Judge Meenan was asked by the Government in August to identify mechanisms to avoid "adversarial court proceedings" for the women and families affected by the Cervical Check issues.

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The report proposes that a tribunal be established under legislation to hear and determine claims.

It says hearings in a tribunal would be heard in private and be less formal than a court process.

"This alternative system will take into account the issue of liability, each person's constitutional right of access to the courts and all parties' constitutional rights to fair procedures," it suggests.

For these reasons, the report notes that the system must be voluntary.

'Courage and fortitude of women'

Judge Meenan also recognises the "courage and fortitude of the women and their families" - who told him of their experiences of dealing with the consequences of cervical cancer and "the effects of the non-disclosure, or disclosure in an unacceptable way, of the results of audits carried out following diagnosis."

On the report's publication, Minister Harris says: "I would like to thank Judge Meenan for his invaluable report.

"He has carried out an extensive piece of work, including consultation with the women, their families and their representatives."

"Judge Meenan's report requires consideration by a number of Government departments and I have committed this morning to returning to Government with proposals next month."

The Deaprtment of Health adds that this report by Judge Meenan is "separate to the work he is undertaking as Chair of the Expert Group on Tort Reform and the Management of Clinical Negligence Claims".

It says the interim report of that group will be provided in early December, and its final report should be ready in early 2019.


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