Fury over symphysiotomy redress indemnity

By Conall ó Fátharta
Irish Examiner
December 3, 2014

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Proposals in the symphysiotomy redress scheme requiring victims accepting a payment to “indemnify and hold harmless” those responsible have been sharply criticised.

The Irish Council for Civil Liberties (ICCL), Survivors of Symphysiotomy (SOS) and chairman of the UN Human Rights Commission Nigel Rodley have all expressed reservations about the Government redress scheme, which closes for applicants this Friday.

Included in the scheme is a “deed of waiver and indemnity” that all victims accepting payments are required to sign. In return for the payment offered by the State, victims must “irrevocably” waive all “rights and entitlements” and to “indemnify and hold harmless” a schedule of bodies and people in respect of the carrying out of a surgical symphysiotomy or pubiotomy.

This list includes, amongst others, all ministers of any government department, the HSE and all former health boards, “all doctors, consultants, obstetricians, surgeons, medical staff, midwives, nursing staff, administrative staff, boards of management, associated with all hospitals or nursing homes, former hospitals or former nursing homes in the State whether public, private or otherwise and/or their insurers” and the “Medical Missionaries of Mary and/or any Religious Order involved in the running of any hospital and/or their insurers”.

Women may opt out of the redress scheme at any stage, up to the time of accepting their award. If they do so, they are free to pursue action against those responsible through the courts. Two other survivor groups, Patient Focus and SOS Ltd, have welcomed the scheme.

ICCL director Mark Kelly described the requirement for the women to waive these rights to receive redress as “unconscionable”.

“This runs directly counter to this summer’s recommendations by the UN Human Rights Committee that the State should initiate a prompt and independent inquiry, identify, prosecute and punish the perpetrators and facilitate access to judicial remedies.

Chair of SOS Marie O’Connor described the waiver as an attempt to coerce victims into signing a document that “protects perpetrators” and denies them the remedies of redress recommended by the UN Human Rights Committee in Geneva last July.

“Our members voted overwhelmingly to reject the Varadkar ex gratia scheme because it copperfastens impunity, protects perpetrators, shirks State accountability and denies victims access to judicial remedies.”

More than 140 women have applied for awards under the scheme, with €1.45m in conditional offers having been made. The Department of Health said it will be making payments to eight women shortly and others should have payments before Christmas.

In a statement, it said:

“The Government believes this scheme is a fair and appropriate response and hopes the implementation of this scheme will help to bring closure on this issue for the women concerned and their families.”