Cancer test court case reforms to be outlined
Hundreds of victims of the cervical cancer test scandal will be told today of new Government plans to ensure they are not dragged through the courts system to obtain justice.
Health Minister Simon Harris will outline the legal reforms when he brings the interim Meenan report on the controversy to Cabinet this morning in a bid to prevent a repeat of the Vicky Phelan and Emma Mhic Mhathúna cases.
In July, the Government appointed High Court judge Charles Meenan to examine options available to ensure more cancer test victims are not forced to go through a combative legal process.
While no decisions have been made, the understands Mr Harris will today reveal that Mr Justice Meenan has recommended a number of reforms.
Mr Justice Meenan was asked to examine ways in which women and families affected by the cervical cancer test scandal could seek justice without going through the normal legal process.
In particular, Mr Justice Meenan was told to engage with those affected on what alternatives to court they want to see, assess who is responsible for certain cases, and crucially offer other ways to resolve cases “in a sensitive and timely manner ... outside of the adversarial court processes”.
Concerns had grown in recent weeks that the scale of the work involved may lead to the interim report deadline of mid-October not being reached, a situation which would further delay the planned final Meenan report publication in January.
However, in a statement last night, a spokesperson for Mr Harris said: “The Minister for Health, Simon Harris, has received the report of Mr Justice Charles Meenan, who was asked to examine alternatives to court proceedings for resolving clinical negligence claims.
The minister intends to bring Mr Justice Meenan’s report to the Cabinet meeting.
The report will be published today after a Cabinet meeting which is also expected to include changes to the laws governing when a senior garda can retire from the force.
As part of the committee stage amendments to the public service superannuation bill, Justice Minister Charlie Flanagan will say that new rules will be put in place to allow for senior gardaí to work past the age of 60.
The proposed law change is believed to be linked to the fact that An Garda Siochána will witness declining numbers of officers in the coming two years due to planned retirements.
The Cabinet meeting is also expected to be dominated by Brexit, with Taoiseach Leo Varadkar due to attend the EU summit in Brussels later this week.
