Ireland

CervicalCheck tribunal not fit for purpose, says Vicky Phelan

Vicky Phelan, the cancer patient whose case triggered the cervical smear test controversy in the Republic. Picture by Brian Lawless, Press Association
Vicky Phelan, the cancer patient whose case triggered the cervical smear test controversy in the Republic. Picture by Brian Lawless, Press Association Vicky Phelan, the cancer patient whose case triggered the cervical smear test controversy in the Republic. Picture by Brian Lawless, Press Association

The tribunal established to investigate negligence in the Repubic of Ireland's cancer screening programme is "not fit for purpose", a leading campaigner has said.

Vicky Phelan said the CervicalCheck tribunal is a "slap in the face" to the affected women and their families.

Ms Phelan, whose court case triggered the cervical smear test controversy, has called for Minister for Health Stephen Donnelly to meet members of the 221+ CervicalCheck Patient Support Group.

Mr Donnelly said the tribunal is to be established next Tuesday, October 27.

Ms Phelan has urged the minister to reconsider the plans and listen to concerns raised by the women.

"Why is it so hard to do what is right by women who have already been failed by the state?" she told RTÉ.

"That's what is at stake here. We have been waiting for it for two years, engaged with the minister in the last seven weeks and none of our concerns were taken on board.

"Then to announce that this tribunal is going to be established in the next seven days just feels like slap in the face to all of us who have been involved in this for the last number of months.

"I don't see the point in launching a tribunal and establishing a tribunal for a group of people for whom this is not fit for purpose, and who do not accept it as it currently stands.

"We would ask the minister to reconsider establishing the tribunal and sit down with the people involved."

Among the issues raised are the adversarial nature of the process and the statute of limitations.

They also say that women who get a recurrence of cancer should be able to return to the tribunal.

"If you get a recurrence it is nearly always fatal. There should be provisions within the Act to allow for that," Ms Phelan added.

"I am really weary from all the fighting. I really thought the tribunal was a good outcome for all the women and families, yet here we are two years later and nowhere nearer having something that is for the women and has women at its heart."

More than 200 women were affected by failures in the Republic's CervicalCheck screening system.

It emerged in 2018 that 221 women and families were not told about misreported smear tests.

Mr Donnelly said he is wiling to meet the group before next Tuesday.

"What is driving everything we are doing here is trying to find the best way forward for the 221+ group, it's why the tribunal was established," he added.

"The advice I have from the AG (Attorney General) is the statute of limitations issues, whilst a matter for the Minister for Justice, is dealt with and is now before the High Court.

"My concern is that if we don't go with the tribunal, we end up back in the courts.

"The women involved can take cases against the state, but negligence has to be established, and that means the state has to bring the labs in.

"The tribunal is being established so we have it in place, no one is being asked to use, no one is compelled to use it. It's in place for nine months."

Tánaiste Leo Varadkar has said the tribunal is being established in "good faith" and as an alternative to using the courts.

He added: "Minister Donnelly has met the group and is willing to meet them again and listen to their ideas.

"What happens is that evidence is set out and each side gets to question it.

"I don't think it would be fair to deny a right to a doctor or scientist to be heard.

"The issue around labs being involved, what is possible is that labs can be involved as third parties, rather than defendants."

Sinn Féin's Louise O'Reilly called for the Tánaiste to intervene in the matter.

"Would you not intervene and request Tuesday deadline to be lifted to give time to proper engagement to these women?" she added.

"I really do think that you should intervene and request the deadline to be put back to allow for sufficient time and engagement with the families."

Mr Varadkar said that the minister will speak to the women.

Labour leader Alan Kelly called for the minister to meet the group and push back the tribunal deadline date.