Cabinet told just 20 claims made to CervicalCheck Tribunal

Just 20 claims have been made to the CervicalCheck Tribunal set up as an alternative to the courts system for women to make claims linked to the cervical cancer screening scandal, Cabinet has been told.

People who wish to make a claim to the tribunal have two weeks left ahead of a July 26th deadline. But patient support group 221 Plus, which has been critical of the tribunal’s parameters, has said that the low numbers going there is “evidence of people voting with their feet”.

A spokesman said that from the outset in autumn 2020 its members viewed the Tribunal as “not fit for purpose”.

“We have not seen anything since then which changes that view,” he added.

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The controversy over the cervical screening programme was sparked by the 2018 High Court settlement of an action by Limerick woman Vicky Phelan, who has cervical cancer, over the reading of her smear test.

Minister for Health Stephen Donnelly updated Cabinet on the tribunal’s work and as of June 24th just 20 claims have been made, with nine resolved so far. This compares to more than 300 legal cases initiated by women and their family members in the courts.

A Government spokesman said the next two weeks were a final opportunity for eligible people to consider if “they wish to avail of this purpose-built alternative to the courts for the claims”. The spokesman also said: “The tribunal is voluntary and we respect the decision of women who wish to continue in the courts.”

Separately Taoiseach Micheál Martin got Government approval to appoint former Chief Justice of the Supreme Court Frank Clarke as president of the Law Reform Commission for a five-year term. The role at the body that reviews the law and examines possible reforms comes with annual remuneration of €59,183 and it is subject to pension abatement.

A Government spokesman said the role was not advertised but and, “as per previous appointments, a suitable candidate was selected and appointed.”

In another item at Cabinet Irish Water will become Uisce Éireann and will no longer be a subsidiary of Ervia under plans brought by Minister for Housing Darragh O’Brien. He said the planned legislation to bring about the changes is to fulfil a programme for government commitment to retain Irish Water in public ownership as a national, standalone regulated utility.

The Government considers it essential that the Bill is progressed quickly so that the separation of Irish Water from Ervia can come into effect from January 1st, 2023.

Mr O’Brien also updated colleagues on successful talks with unions at the Workplace Relations Commission on proposed the transfer of local government staff to Irish Water. He also told Cabinet that the chairman of Ervia, Tony Keohane, is to become the chairman of Irish Water once the separation occurs. The post of Ervia chairman is to be advertised shortly.

Minister for Public Expenditure Michael McGrath asked the Government to note the 2021 annual report of the Top Level Appointments Committee (TLAC), the body involved in the appointment of senior roles in the Civil Service. It dealt with 41 posts last year for which there were 1,585 applications, 1,111 judged to be eligible. Of the eligible candidates 528 came from the Civil Service, 251 from the public service and 332 from the private sector.

The report highlights the rise in senior civil servants retiring early. It says this is potentially due to increased demands caused by the Covid-19 pandemic but the evidence is said to be anecdotal.

A spokesman for Mr Donnelly defended the CervicalCheck Tribunal’s work. He said: “The fact that claims before the tribunal have already been resolved is confirmation that the tribunal’s rules and procedures are facilitating the early resolution of the claims it has received.

“Many claims that are eligible for the tribunal have been pending with the High Court since 2018 and 2019, while the tribunal has demonstrated that it can bring claims to resolution in months rather than years. It is, of course, a matter for individuals to decide whether to use the tribunal.”