A report has recommended that a tribunal should be established to hear and determine claims arising out of a cervical cancer screening scandal in Ireland.

According to the report, a tribunal would deal with claims efficiently and effectively.

Mr Justice Charles Meenan was instructed by Ireland’s Health Minister Simon Harris to look at pathways of dealing with claims outside the court process.

In the report published on Tuesday, he said the tribunal would be heard in private, be less formal and less costly for those involved.

It further stated claims where liability is not being contested could be fast-tracked through a tribunal.

Judge Meenan also said as the tribunal would adopt pre-hearing protocols and case management procedures, claims will be dealt with “more expeditiously”.

It emerged earlier this year more than 220 women were not told about misreported smear tests.

Many of the women are taking cases against the labs and the Health Service Executive (HSE).

A number of women died after Judge Meenan started his report which he acknowledged and said the tragic events “underline the need to avoid delay”.

He further said the pain and suffering of these women “cannot be overstated”, adding some of the effects of surgery are “harrowing”.

He said damages arising from a negligent misreading of a cervical smear are “potentially very significant”.

Judge Meenan added a tribunal would be chaired by a serving or retired judge of the Superior Courts who would be assisted by experts from the relevant fields involved.

The chair of the tribunal would have the power to determine issues of liability, award damages and make orders of legal costs.

Judge Meenan met with women affected by the scandal and their families who described their experiences in dealing with the devastating consequences of cervical cancer and the impact of non-disclosure.

A patient support group for the women involved said they welcome the report with some caution which they said brings “some clarity” to the legal pathways open to them and their families.

Vicky Phelan
Campaigner Vicky Phelan speaking at the launch of 221+ Cervical Check Patient Support Group (Niall Carson/PA)

The group, 221+, expressed disappointment that an earlier commitment by Taoiseach Leo Varadkar to a totally non-adversarial process has not been realised.

In a statement, the group said: “We compliment Judge Charles Meenan on his work which included consultation with the women, their families and representatives.

“Judge Meenan, having considered other possible options, is now advising that a tribunal be established, so that claims arising out of the CervicalCheck can be dealt with anonymously and privately.

“We feel it important that a time limit is set on the establishment and work of this tribunal so that women, many of whom are ill, can be heard and have their issues resolved expediently.

“Our concern in all of this is that the stress and uncertainty associated with the legal process is minimised for our members – as they also deal with the medical consequences and trust issues which have regrettably emerged.”

Prominent campaigner Vicky Phelan, who settled a court action over the misreading of a smear test earlier this year, urged Mr Harris not to delay in implementing these recommendations.

She added: “We also urge the Minister to provide us with assurances on how the adversarial nature of such a process can be minimised.

“We at 221+ will be supporting and advocating for the women and families involved in this tribunal, or whatever legal process they decide on, to find both answers and a satisfactory settlement as speedily as is possible.”