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HSE accused of 'passing

the parcel' in cervical


cancer test scandal
Margaret Murray was backed by a group of all-women
independent councillors in a protest outside the Dail
BY
FERGHAL BLANEY
06:00, 18 MAY 2018

Vicky Phelan speaking before the Public Accounts


Committee, which is one of two committees investigating the
CervicalCheck controversy.
Health chiefs have been accused of “passing the parcel”
in the CervicalCheck scandal by one of the 209
misdiagnosed women.
Margaret Murray was backed by a group of female
independent councillors in a protest outside the Dail on
Thursday.
As the Public Accounts grilled Chief Medical Officer Tony
Holohan, acting HSE chief John Connaghan and
Secretary General at the Department of Health Jim
Breslin, outside the gates, Ms Murray slammed the
Government.
The victim, from Duleek, Co Meath, said it was
unacceptable there had not been adequate accountability
for the scandal at the upper echelons in the HSE and
Department of Health.
Cervical cancer scandal: Terminally ill Vicky Phelan
calls for radical overhaul of Irish health service
She added: “I was misdiagnosed in 2012. I had an
operation the following year and have been going for my
smears since and they still can’t tell me whether they’re
clear or not.
“I was in the 209 bracket and I honestly think and honestly
swear that there are more than 209 in the same situation
as me – this is the tip of the iceberg.”
Ms Murray said she does not trust the accuracy of the
screening programme, adding: “They offered me a smear,
but I don’t know where the smear is going, so I’m not
going to accept the offer.
“None of them seem to be able to answer the questions,
they’re just passing the parcel, shilly-dallying from one to
the other.”
Councillor Sharon Keogan, also from Duleek, told the Irish
Mirror the group she is with represents women all over the
country.
Sharon Keogan (Image: Facebook)
She said: “We are here to seek accountability and
transparency for the personal medical information that
was wilfully and purposely withheld.
“As independent women councillors representing
thousands of women across the country, we ask that
women have a health screening service – be it cervical,
breast or bowel – that we can trust.”
CervicalCheck whistleblower, Vicky Phelan, has accused
health officials of drip-feeding information about the
controversy to “water down the effect of a cover-up”.
Ms Phelan, 43, from Co Limerick, is one of the women
who was not informed that her smear test results had
been wrongly interpreted.
Vicky Phelan pictured speaking to the media on leaving the
Four Courts (Image: Collins Courts)
She tweeted: “This has been the gameplan since the
CervicalCheck scandal broke.”
Meanwhile, the Oireachtas committee looking into the
issue adjourned for an hour before its planned sitting to
review new documents from the HSE and the Department
of Health.
TDs who were due to quiz officials hit out at their arrival

A couple of months in as the party’s health spokesman


and the most striking conclusion I have come to is things
are even worse within our health system than I had
believed them to be.
Fine Gael talk incessantly about the fact we are spending
more money than ever before on healthcare.

True, but that record investment is not yielding the results


it must.
Public trust in our system is at a very low ebb.
There are many and complex reasons for the dysfunction
in our health services and I am determined to play my
part.
But, first, political messing has to stop.

Minister Simon Harris and Vicky Phelan

Taoiseach Leo Varadkar has promised compensation for


victims of the cervical cancer misdiagnosis scandal.
The pledge to introduce a redress scheme comes as the
numbers of women affected by the issue potentially
doubled overnight, from just under 1,500 to as many as
3,000.
ADVERTISING
inRead invented by Teads

208 in the original audit of 1,482 were found to have been


misdiagnosed - with 17 now dead - so there could be
hundreds more misdiagnoses in the pipeline.
Dr Tony Holohan of the Department of Health told the
Oireachtas health committee on Wednesday afternoon
that the figures for a second audit are not yet known.
Mr Varadkar told the Dáil that a redress scheme is on the
way.

Taoiseach Leo Varadkar TD

“We will need a scheme of redress for women whose


cancer was missed and should have been detected
beyond normal error and for women where there was a
breach of duty to inform them of the audit results.
“We will need to have a scheme of address but we will
need to establish the facts before we do that.
“Once again, I want to say how deeply concerned and
upset I and the whole Government are at the situation with
which we are now grappling,” Mr Varadkar said.
Mr Varadkar also said that a decision has just been taken
to bring in a new expert panel from abroad to audit again
the CervicalCheck programme and the possible
misdiagnoses.
“We are going to ask a team of expert international
cytopathologists to carry out a clinical review and to look
again at the smears of all the women who were diagnosed
with cancer in the past ten years - we do not have the
exact figure, but it is between 2,000 and 3,000.”

A report has suggested up to 15 women in Ireland have have died without


knowing they had delayed cervical cancer diagnosis.

The audit, seen by Independent.ie, is understood to claim the cancer blunder


scandal could be much worse than anticipated.
It reportedly suggests these woman may have benefited from earlier
treatment.

Last week, dying mum-of-two Vicky Phelan was awarded €2.5million in a settlement against
a US lab that mistakenly gave her the wrong smear test resThe 43-year-old, who has
between six and 12 months to live, took legal proceedings after it emerged a
2011 smear test which showed no abnormalities was later found to be
incorrect.

The HSE have admitted more than 200 women were wrongly given the all-
clear for cervical cancer and should have been sent for further checks.

A special helpline set up to provide information for worried woman concerned


about their smear test results had received more than 800 calls on Saturday.
In excess of 600 people called the service on Sunday.

Minister for Health Simon Harris


However, despite his new promises of action, Mr Varadkar continued to face a
barrage of criticism in the Dáil over the cervical cancer scandal.

A team of senior medics was established by Health Minister Simon Harris to


find out how many women have been told about the errors.

Final figures are expected to be determined this afternoon.


Would remind you of this bastard and the way he treated that dying woman
Bridget McCole

Fianna Fáil leader, Micheál Martin, said that the Taoiseach and his ministers
had let the public down in the midst of this huge crisis.

“Ministers have run to the hills and TV programmes have been absent of
senior Ministers to explain things to the public,” Mr Martin said.

“Calm, competent authority is required in response to this crisis. Confidence in


the cervical cancer screening programme is being undermined and women
are fearful and worried across the country. They have been let down."

Sinn Féin leader, Mary Lou McDonald, said that what was playing out now
was clearly a “national scandal” involving “deceit of the gravest nature”.

Fianna Fail leader Micheal Martin outside Leinster House in


Dublin following the submission by the party of a no
confidence motion in Tnaiste Frances Fitzgerald
The Doctors were objecting to having to inform patients with cervical cancer
that they were the victim of a smear test mistake.
May 18 2018
30 April 2018
"The method of screening done by Quest Diagnostics is not up to the same
standard as the public labs in Ireland — this means that more Irish women
will die" Sinn Féin's, Aengus Ó Snodaigh warned the Dáil on May 29, 2008.
So even though Aengus and Caomhin O Caolain warned of concerns over
Quest, the company at the centre of the smear test tragedy, the then Minister
for Health, Mary Harney PD, went ahead and outsourced and privatised the
testing to Quest anyway.
For Harney, Ahern and others privatisation was, and still is, way higher on the
agenda than women's health and women's lives.
This tragedy is no accident, no mistake. This tragedy is a direct result of a
political choice driven by parties and politicians who favour, protect and
privilege markets and corporations over flesh and blood people, over
women's health and women's lives.
Aengus spoke for women, in 2008, saying,
"Quest has won the tender to analyse 300,000 Irish smear tests a year, but
consultant pathologists from the Coombe Women’s Hospital, St. James’s
Hospital and St. Luke’s Hospital in Dublin, and University College Hospital in
Galway stated that missed cases would arise because the diagnostic rate of
pre-cancerous cells at Quest Diagnostics in the US is 30% less than that of
Irish laboratories.
This concern has been echoed by the Irish Association for Clinical Cytology,
IACC, which has expressed its disquiet at the decision to award the contract
for cervical screening services to Quest, thereby excluding Irish laboratories.
The IACC says this decision will have serious implications for the long-term
quality of the cervical screening programme"
He continued
"The Irish Association for Clinical Cytology states that Irish laboratories
provide a quality screening service as evidenced by comparison of incidence
and mortality rates to other European countries...
There is significant concern that testing for this screening programme has
been placed in the hands of a multinational giant that has been convicted of
fraud in the US...Janette Byrne of the Patients Together campaigning group,
said: “We would definitely question why public money is being given to a
company that has been investigated for acting fraudulently in another
country.”
It seems the Minister for Health and Children would rather listen to corporate
executives in the private health business than to health experts and patients
in Ireland. Not only are our health services being privatised, but jobs and
services are being exported. Trained and trainee laboratory technicians in
Ireland are being written off by this decision and many will have to emigrate
to find work in the future".
He added:
"During questions on the issue of the cervical cancer screening programme
last October, my colleague, Deputy Ó Caolain, asked the Minister if it was
preferable that the testing labs should be here. The Minister replied: “Yes,
ideally we must have our own laboratory facilities in Ireland.” This does not
seem to be the case now.
I have been contacted by a medical scientist, a constituent of mine, who has
raised her concern at the outsourcing to Quest Diagnostics...The HSE has a
sorry history with its privatisation agenda and she does not want to see it
happening with laboratory services. She concluded by stating: “As a woman
and mother of two daughters I am horrified to think that the standards of
screening cervical smears are going to be reduced unnecessarily and put us
at risk.”
The Minister must listen to such expert voices — those involved in the
service, those working in the service and the patients who have to use the
service".
Despite repeated warnings by Aengus and Caomhin, Harney didn't listen.
Neither did Ahern or Cowan and here we are now. This is no accident. This is
a direct result of a political choice driven by parties and politicians who
favour, protect and privilege markets and corporations over flesh and blood
people.
This is a Leinster House made tragedy, that like so many others, has taken a
decade to be seen.

doctors were objecting to having to inform patients with cervical cancer that
they were the victim of a smear test mistake.

A meeting in September 2017 attended by Dr Gráinne Flannelly, the former


clinical director of CervicalCheck, was told of their resistance, the Public
Accounts Committee was told yesterday.

The meeting heard a number of doctors were upset about having the onus put
on them to tell patients about their individual reviews carried out by
CervicalCheck. The reviews found they had been wrongly given the all-clear in
their last smear test result.

They also claimed that "in the absence of clarity" doctors were put at a
disadvantage when deciding who among the patients should and should not
be offered a face-to-face meeting.

The latest revelation was made in the Public Accounts Committee yesterday
where senior Department of Health, HSE and CervicalCheck officials insisted
they were unaware of the failure to pass on the reviews to the women or their
relatives in cases where they were deceased.

The reviews were given to treating doctors to give to the women from mid-
2016, but it was revealed two weeks ago 162 of the 209 cancer patients were
never told about them.

Labour TD Alan Kelly, who sought the documentation, said it was clear
CervicalCheck was alerted to the failure to tell the women long before the
April High Court case brought by Ms Phelan, the mother-of-two who now has
terminal cancer.

HSE director of health and wellbeing Dr Stephanie O'Keeffe insisted she


received monthly reports from CervicalCheck saying the process of telling the
women was going well.

Members of the committee, however, repeatedly questioned her on why she


did not actively seek out evidence to support this and avoid the trauma now
endured by women with cervical cancer and the relatives of those have died.
John Gleeson, manager of CervicalCheck, in response to questions said he was
not "certain" if it was his responsibility to track the whereabouts of the
reports.

Ms O'Keeffe brought the issue of reviews to the attention of former HSE chief
Tony O'Brien.

But neither the Health Minister Simon Harris nor secretary general of the
Department of Health Jim Breslin were informed by chief medical officer
Tony Holohan. Mr Breslin admitted that despite the hurt and confusion of
recent weeks, Mr Harris has not introduced any new protocols to ensure
lessons have been learned. It also emerged draft press releases were drawn up
by CervicalCheck in early 2016 in the event of the review reports going public.
In another twist, it emerged a senior member of the HSE press office was
involved but did not inform her boss, HSE director of communications.

CERVICAL SCREENING SCANDAL: VARADKAR AND HARRIS MUST GO


Internal memos from the HSE tell a shocking story of cover up and wilful endangering of
lives.

A memo from March 2016 shows that audits on cervical screening tests began in 2010
but it was only six years later, that the HSE noted that ‘the process is reaching the stage
of communicating individual case reports’.

In other words, telling doctors and the women concerned about problems found.

The memo then notes that ‘one of the cytology laboratories has sought legal advice on
the right of the programme to communicate audit outcomes’.

In other words, the private companies that were doing the tests wanted to stop women
hearing about false screening tests.

As a result of this pressure and out of concern for their own image, the HSE decided to
‘pause all letters and ‘await advice from solicitors’.

They did not care if this delay in communications endangered the health of women.

But the former Health Ministers, who were responsible for the health services, are taking
no responsibility for this scandal.

This is outrageous.

It is simply unbelievable that Leo Varadkar and Simon Harris knew nothing about this
HSE strategy.

These are two ambitious men who, to put it mildly, have a record of heightened concern
about PR. Yet they claim they were not informed about the publicity strategy of the HSE!

It makes no sense. It is time to end the ‘see nothing, hear nothing’ game that the political
elite play.

Everyone knows that in an age of supposed transparency, bureaucratic elites know when
to commit items to paper and when to ensure reports are only given verbally.

They have developed a practice that when thing go wrong, a sacrificial punch bag is
offered to take public criticism while the political masters protected. The punch bag is
then looked after with a high pension and a new career in the private sector.

This cynical game must now end.

If Varadkar or Harris knew nothing about these memos, they are naïve, incompetent fools
who do not understand how bureaucracies work and had no will to change that culture.
For that alone they should resign.

But they were not fools. They are immersed in a culture of PR spinning and must have
heard about an oncoming to danger to their positions.

It is time to bring in full political responsibility and then repatriate cervical cancer
screening programme to the Irish public health system.

Privatisation must end. So too must the culture of cover up that goes to the top of Irish
society.
Resign inmediately and have every previous health minister to the date they decided to
outsource these result, pension stopped. Bring them all throught the courts for negligence, if
not manslaughter through negligence. These ministers have a duty of care towards people
and that has been trampled on to put it mildy.
Varadkar has every confidence in him too ha so afraid might let it know he must have seen
those memos two years ago when he was in health they all need to go

Yet another shameful episode.

VICKY PHELAN AND BRIGID McCOLE: VICTIMISED BY IRISH STATE


Vicky Phelan is a hugely courageous woman who faced down the might of
the Irish state to bring the scandal of cervical cancer testing to light.
Two decades before, Brigid McCole showed similar courage when she
fought a vindictive state to show how it had infected 1,600 women with
Hepatitis C.
They had been given an anti-D Immunoglobin which had been extracted from
patients who had hepatitis C.
In both cases a Fine Gael Minister for Health presided over the state action.
Michael Noonan was the Health Minister who dealt with the Brigid McCole.
He threatened her with financial ruin if she pursued a case which forced the
state to acknowledge liability. His department went out of their way to
intimidate and brow beat.
Today Simon Harris is the Minister who has presided over a very similar
scandal. But Harris is a PR expert and so as soon as the news of the case
broke, he rushed out a statement to distance himself from any responsibility.
He said he had no confidence in the management of the Cervical Screening
programme and effectively demanded their resignation.
But the reality is that he, as a Minister for Health, has a responsibility.
In the first instance, he continued with the policy of oursourcing testing to a
US company, Clinical Pathologies Laboratories in Austin Texas.
Yet ten years ago, the Master of the Rotunda hospital, Sam Coulter Smith
spoke out against such outsourcing. He explained that testing in America
made it difficult to discuss the finding because:
‘There were multidisciplinary meetings which were transatlantic, across
timezones, across video conferencing. [There were] language issues around
it in different countries’.
Dr David Gibbons was chair of the Cytology/Histology Group within the
Quality Assurance Committee of the National Cervical Screening Programme.
In 2008 he also warned that outsourcing smear tests would lead to missed
cases or misdiagnosis of cancer. Yet nothing was done
It makes no sense to send test samples across the Atlantic for analysis when
these same tests could have been carried out in an Irish public institution.
Unless you are a dogmatic Fine Gael believer in privatisation.
Second, Harris says that he still does not know how many women may have
died prematurely as a result of false diagnosis by Clinical Pathologies
Laboratories.
Yet Ms Phelan’s solicitor, Co Tipperary-based Cian O’Carroll, has said that
CervicalCheck documents released to him as part of her court case
appeared to show a further 14 women in addition to his client who were
diagnosed with cancer and who had previously had clear smear tests.
Vicky Phelan said that she was told in September 2017 that three women
had died. There is no excuse for Harris not providing the Irish public with the
full facts at this stage.
Third, Harris denies that he knew anything about the HSE case. But this is
hardly plausible. He must have known that the HSE was adopting an
aggressive legal action against Vicky Phelan.
Or else he is so careless that he does not have any oversight on what the
HSE is doing.
Remember last year when the Government cowardly bowed to special interests and
allowed the Sisters of Charity to set up a private company in St. Vincent's for the new
PUBLIC Maternity hospital instead of moving it to another independent site on public
land?

Remember how they said that it would be free from any undue influence by the religious
order in order to get your tacit approval for this private deal of the century at the tax
payer's expense?

THEY LIED...

Surprised? What did Fine Gael think would happen if they let a religious order own the
National Maternity Hospital?
They will literally allow the deaths of 17 women go unchallenged and they STILL won't
pull the plug...

That is Fianna Fail for you

CervicalCheck whistleblower, Vicky Phelan, has accused health officials of drip-feeding


information about the controversy to “water down the effect of a cover-up”.

The Establishment doesn't like challengers to the throne so they will send their attack dogs out to
smear...

Whatever your political persuasions are, it's clear that Sinn Fein are the only real threat to the Fine
Gael/Fianna Fail dynasty that has held strong for 100 years and they are using all manner of propaganda to ensure
you, the voting public, remain fearful of change...

What a disgraceful abuse of a publicly funded service.


Rotten, rotten, rotten. The party that was elected on the promise
of ending cronyism. Turns out that they are the experts in the
field.

·
FINE GAEL MINISTER APPOINTS FORMER FINE GAEL TD TO TOP
JUDICIAL POSITION
Fine Gael is dropping all pretense at ‘new politics’ by looking after their
supporters.
Justice Minister Charlie Flanagan has just appointed George Birmingham to
the powerful position of President of the Court of Appeal.
Legislation introduced in 2014 inserted this court between the High Court
and the Supreme Court. Most appeals of High Court cases will henceforth go
the Court of Appeal rather than the Supreme Court.
George Birmingham is a former Fine Gael TD for Dublin North Central. He
also served as a junior Minister in a Fine Gael led government between 1982
and 1987.
His appointment follows a long tradition of patronage whereby former
political activists are appointed to judicial positions. One High Court judge,
Peter Kelly, has indicated that up to a third of judges are political appointees.
Birmingham is a good example of how this leads directly to a class bias. This
is evident in his handling of a Commission of Inquiry set up in 2006 to
investigate the Dean Lyons case.
In 1997, two women Mary Callanan and Sylvia Sheils were found murdered in
Grangegorman. The Gardai decided that the murder was most likely to be
committed by a burglar who operated in the area.
They proceeded to arrest Dean Lyons, a 24 year old drug user and robber
from Tallaght.
Within hours of being taken to a Garda station, he confessed to the murders
and supplied enough detail to indicate that his confession was genuine.
However some time later another man, Mark Nash, confessed to the exact
same murder. He had already murdered two people in Roscommon and
supplied enough detail to show that he had in fact murdered Mary Callanan
and Sylvia Sheils.
The obvious question as why had Dean Lyons so quickly admitted to a
murder he did not commit. Why, and how many asked, had he been framed?
The government tried to resist holding an inquiry but then relented and
appointed George Birmingham, the former Fine Gael TD, to be the sole
member of a Commission of inquiry.
His conclusion deserves to be read carefully today as it indicates what type
of justice we can expect from the new President of the Court of Appeal.
No wonder Fine Gael trust Birmingham as a loyal defender of their state.
How judges can be politically appointed even beggars belief quite frankly. The legal system
and politics should have absolutely no contact whatsoever, how people even find this
acceptable is actually disturbing

Just how are ministers' pensions


worked out?
From Tue, Oct 30, 2012

A TD who has also served at least two years as a minister


receives a pension based on service as a TD plus a
separate pension based on service as a minister, which
are calculated on different criteria. The two sums are
then added
1 Working out a TD’s pension entitlement.
To work out a TD’s basic pension you divide his or her
salary by 40 and then multiply it by the number of years
they’ve served in the Dáil. A cap of 20 years service
applies.
If we take a TD with 20 years’ service, whose salary is
€92,672, then to calculate that TD’s pension entitlement,
we divide the salary by 40 and multiply it by 20, which
means the TD is entitled to a €46,336 a year pension
once they reach retirement age. TDs are also entitled to a
one-off pension lump sum of three times their pension.
So, in this example, the TD would receive three times
€46,336 – a lump sum of €139,008
On top of this, TDs who have served more than six
months in the Oireachtas are also entitled to a
termination lump sum equal to two months’ salary
(€15,445).
If TDs have served for longer than three years they are
also entitled to up to 12 monthly payments based on
their length of service (for a TD the maximum payment
total over 12 months is €57,920). Only after these
payments end do they receive their pension proper.
2 Working out the pension of a minister.
A number of positions attract a pension entitlement over
and above that earned by a TD or senator. These
positions are taoiseach, tánaiste, minister, attorney
general and ceann comhairle (called “ministerial” offices
for pension purposes) and minister of state, leas cheann
comhairle, cathaoirleach, leas-chathaoirleach and leader
of the Seanad (called “secretarial” posts for pension
purposes).

To receive this pension entitlement you have to have


served for at least two years in one of these offices. The
pension is then worked out as a percentage of the office
holder’s salary. After two years a retiring minister is
entitled to a pension equal to 20 per cent of his or her
salary. After three years this becomes 25 per cent, four
years 30 per cent, and five years 35 per cent.
The maximum entitlement is 60 per cent after 10 years’
service. Service as a minister of state is reckonable for
ministerial pension calculations, with half the service
accrued being counted for pension purposes.
If you are entitled to receive a “ministerial” pension but
previously served in a “secretarial” post then half the
time you spent in the latter post is reckonable at the
“ministerial” rate.
So a minister with the standard salary of €76,603 (this
excludes the €92,672 they earn as a TD) and a maximum
10 years’ “ministerial” service would be entitled to 60 per
cent of €76,603, making for a “ministerial” pension of
€45,962.
3 Working out an office-holder’s long-term
pension projection (ie how much the annuities
would cost in the private sector).
Add together the pension entitlements reached in steps 1
and 2 above. So a senior minister who has served 20
years or more would be entitled to €46,336 (their TD
pension) plus €45,962 (their “ministerial” pension),
making a total pension entitlement of €92,298.
This sum is then entered into a pension calculator using
an inflation cap of 3 per cent.
4 Working out an office-holder’s long-term
pension projection (ie how much the annuities
would cost in the private sector) in cases where
the TD is not yet the requisite age to receive a
pension.
In the case of office holders who would not yet be
entitled to a pension, you use a further calculation to
work out the annuity cost.
You first calculate how much the pension would cost in
the private sector (as per steps 1, 2 and 3 above).
The resulting figure is then divided by 1.02 (where 1.02
represents a 3 per cent inflation cap and a 5 per cent
return on investment – a net 2 per cent).
This figure (which we will call x) is put to the power of
the number of years until the minister reaches
retirement age.
(So if a minister has seven years before he/she reaches
retirement age, the calculation is x to the power of 7.)
THE SMALL PRINT
All calculations (both here and in the accompanying
table) are estimations based on Oireachtas/government
guidelines and are based on “new scheme” pension
arrangements that have been in place since 1993.
Lengths of service were based on information on the
Oireachtas website.
Those entitled to “ministerial” or “secretarial” pensions
can either take their pension straight away or avail of a
ministerial lump sum and a ministerial severance
payment (payable for up to two years) – but they cannot
draw down both at once.
All TDs elected after April 1st, 2004, cannot receive a
pension or pension lump sum until they reach 65 years
of age unless they served in a public service body prior to
April 1st, 2004.
Those who served in the Dáil prior to this date are not
entitled to a full pension until they reach the age of 50
(although they may receive a reduced pension and
pension lump sum at any time between the ages of 45
and 49).
In calculating an officeholder’s long-term pension
projection, spouses were included in the calculation
where the officeholder is married. On the death of a
former officeholder, his/her spouse is eligible for 50 per
cent of the pension.
For the purposes of calculating an officeholder’s long-
term pension projection, where he or she was married,
wives were assumed to be two years younger than their
husbands while husbands were assumed to be two years
older than their wives.
Since May 1st, 2009, public servants’ remuneration is
subject to the following annual pension-related
deductions: up to €15,000 – exempt; between €15,000
and €20,000 – 5 per cent; between €20,000 and
€60,000 – 10 per cent; above €60,000 – 10.5 per cent.

KEEP PAYING ALL THOSE STUPID EXTRA TAXES LIKE GOOD OBEDIENT
COOPERATIVE FUCKING EEJITS, SO THEY CAN KEEP GIVING THEMSELVES
HUGE BIG WAGE AND PENSION INCREASES...



`Seriously, are RTE on f*cking drugs? The British Royal wedding? Make RTE Pay for
view and see who wants to pay to watch their shite.

With health and housing, homelessness and poverty reaching critical levels this little
snivelling bastard wants us to give the EU MORE of our money..

Yes you read that right.


The EU was originally a trade organisation. No parliament, no Commission dictating our laws.
The politicos are trying to federalise the EU. We have an unelected group of failed Politicians
called The Commission( Phil Hogan for example) dictating to soverign nations. Our
Government will never put a referendum to the people to leave, why? Because they are too
busy being good Europeans than being Great Irish Statesmen.
When you have people like this running the country then you shouldn't be surprised at how
they behave when it comes to the EU.
Time to get out of the eu it’s becoming more and more a rich persons playground led by Germany for
their own benefit and their own banks I would like to see a break down of what the costs of running
two parliaments Brussels and Strasbourg costs including accommodation for all staff and MEPs
50 billion since we joined gave away 170 billion through fishing......now ow 140 alone to the
eu. where it should be them paying us 30 billion and apple 13 and us debt
free......unbelievable plus they robbed our resources while we fight among eachother looking
down at the poor adverage when it should be those in suits and the rich we destroy

CervicalCheck Screening Failures


Issues surrounding the misdiagnosis of cervical cancer have
been the subject of a great deal of media publicity recently,
resulting in a full review of current procedures practiced here in
Ireland.

Unfortunately the misdiagnosis of cancer is not uncommon, and indeed Augustus Cullen Law has
successfully brought litigation and settled many cases in respect of such claims. Nonetheless, a formal
inquiry into the failures of the CervicalCheck screening programme is expected to be carried out, in
light of concerns which came to the forefront after Ms Vicky Phelan was awarded a settlement of
€2.5m on 25th April 2018, in a case against the HSE and Clinical Pathology Laboratories Inc., Austin,
Texas, USA.

Ms Phelan had a smear test carried out in 2011 and was told that the results showed no abnormalities.
She was diagnosed with cervical cancer in July 2014. A review was carried out in 2014 of previous
smear tests from women who were subsequently diagnosed with cancer. Ms Phelan was not informed
of this review or any results thereof until September 2017, at which time she was advised that the 2011
smear test results had been abnormal. It was argued on behalf of Ms Phelan that, had her cancer been
detected in 2011, a simple procedure could have been carried out, which would have had very high
chance of success.

Figures released in the wake of Ms Phelan’s case indicated that a review was warranted in over 400
cases and from these, more than 200 reviews suggested a different result which demanded earlier
intervention. Furthermore, it has been reported that that more than two thirds of these women were not
informed of the delayed diagnosis.

A full inquiry is expected to be carried out into the CervicalCheck screening programme, the
outsourcing of laboratory testing and the issues surrounding the duty of candour and communication
between practitioners and patients.

If you would like any further advice or information in relation to this topic please contact our Medical
Negligence Department.

30 April 2018
Medical Negligence
Our group of 10 lawyers combines legal expertise with medical
knowledge, built up over more than 25 years from our
involvement in many landmark medical negligence cases.

Our firm acted for the Plaintiff in the first ever successful birth injury/Cerebral Palsy action brought in
this country against a maternity hospital. The case of Dunne (an infant) –v– The National Maternity
Hospital 1989 was the landmark case which, after a Trial, an Appeal and a Re-Trial laid down and
established the principles of medical negligence law to be applied to all cases of medical negligence
and professional negligence before the Courts in this country. Over the past 25 years our group has
been successful in literally hundreds of Medical Negligence actions for patients and their families.

This ensures that as a victim of a medical accident, you receive the best quality, most experienced legal
advice. We have a strong, proven track record of fighting for fair outcomes and justice. We are
committed to and not afraid of fighting meritorious cases no matter how difficult and complex. We are
interested in making a genuine difference to real people who need help and who have been injured by
the deficiencies in our health system. We fight hard for an extra bit more because as lawyers we
recognise that a fair outcome is worth fighting for.

We do not promise a “quick fix”, “flashy gimmicks” or promise more than we can deliver but we do
promise you, as our logo states “thoughtful clear advice”. We have a high rate of referral work from
word of mouth from former clients and indeed from other firms of solicitors.

We recognise that a medical accident has significant emotional and financial consequences for you and
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Although our aim is to secure proper compensation wherever appropriate, we hope in all cases to
obtain an explanation for what happened to you and hold the doctor or hospital accountable for their
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the State, hospital boards and medical consultants. We believe proper access to justice is a
fundamental right and not a privilege.

http://www.aclsolicitors.ie/practice-areas/medical-negligence
Cervical cancer: Harris
confirms statutory
investigation into
CervicalCheck programme
The HSE earlier today confirmed that 17 women whose cases were
reviewed as part of an audit into the CervicalCheck controversy have
died.
Apr 30th 2018

MINISTER FOR HEALTH Simon Harris has announced the


launch of a Health Information and Quality Authority
(Hiqa) statutory investigation into the CervicalCheck
screening programme.
Earlier today, the HSE confirmed that 17 women whose
cases were reviewed as part of an audit into the
CervicalCheck controversy have died.
Additionally, the probe carried out by the HSE’s Serious
Incident Management Team has found that, of the 208
cervical smear result cases being scrutinised, only 46 women
were told about the history of their smear tests.
The remaining 162 of the women were not told that they
may have had a delayed diagnosis and could have benefitted
from earlier treatment.
In a statement this evening, Harris said the Hiqa
investigation will place a “particular focus on the quality
assurance systems, clinic audit processes and the
communications with patients”.
“I will be asking Hiqa to identify within its terms of
reference any implications that may apply to other cancer
screening programmes,” Harris said.
In addition, Harris is appointing an international clinical
expert panel to “provide the women concerns with an
individual clinic review”.
“This clinical expert panel will also produce an overall report
to inform Hiqa’s investigation and the work of the
international peer review group. A liaison nurse specialist
will coordinate the work of the expert panel and will identify
and ensure the provision of any required support for the
women involved,” Harris said.
View image on Twitter
MerrionStreet.ie

@merrionstreet

Minister for Health @SimonHarrisTD announcing a


number of actions including requesting HIQA to perform
an investigation into the cervical check screening
programme, and the creation of a panel of international
clinical experts to give those affected an individual clinical
review
6:09 PM - Apr 30, 2018 · Dublin City, Ireland

13

19 people are talking about this
Twitter Ads info and privacy
Source: MerrionStreet.ie/Twitter
Harris said that it is anticipated that the work of the expert
group will be completed as soon as possible, adding that he
intends to bring proposals to government next week to
legislate for mandatory open disclosure for serious
reportable events.
“It is my hope and expectation that these steps will ensure
the integrity of the cervical screening programme at the
same time as providing learning for all cancer screening
programmes,” Harris said.
208 affected cases
A total of 208 affected cases across 13 hospitals have now
been identified, an increase on the previously reported 206.
The updated figures were provided by the HSE this
afternoon after the team of experts sent in to examine the
cases began their work over the weekend.
This 208 refers to the number of cases where the reviewed
interpretation of the smears differed from the original
result.
Of these cases, it was established that 175 would have led to
a “different clinical escalation” of the care provided to the
women.
In the remaining 33 cases, no escalation of the women’s care
would have been recommended but an earlier repeat smear
test would have been needed.
Regardless of whether different care would have been
recommended, the expert group had said that all 208 of the
women should have been told that their smears had been
reviewed, but that this did not happen.
“That’s a fundamental commitment in healthcare we must
abide by. If someone comes to us for a service, they must
always know information that is pertinent to them,” the
HSE’s Patrick Lynch said today.
Of the 17 women who have since died, the HSE has said that
their cause of death had not been established.
It was also not known which of these women were told prior
to their deaths that their smear tests had been reviewed.
The HSE’s Serious Incident Management Team has said that
it is not its role to establish whether the care for the women
who died should have been different.
Instead, the expert group said that its role is to identify who
was and wasn’t informed about the review of their smear
and to ensure they are now informed about this.
It is expected that all of the affected women will be
contacted either today or tomorrow and offered an
appointment to speak to a clinician about these results.
Of the women who have since died, the HSE says it will
inform their next-of-kin.

The HSE has also established a helpline so women can seek


information themselves. This afternoon this HSE said this
helpline had received over 6,000 calls, 2,000 of which came
this morning.
RELATED READ

30.04.18
A timeline of the CervicalCheck controversy... and what
will happen next
The HSE’s CervicalCheck Freephone Information line is:
From Ireland: 1800 45 45 55
From outside Ireland: +353 21 4217612
Screening
The HSE has also sought to encourage women to continue to
use the CervicalCheck screening service and said that the
issues being investigated do not relate to women being given
an incorrect diagnosis.
Since 2008 1,482 cases of cervical cancer have been notified
to the CervicalCheck, the country’s national cervical
screening programme. The HSE said today that 1.16 million
women have availed of the service.
In the majority of these cases there has been no requirement
for further review.
The CervicalCheck scandal was brought into the public eye
following a court case by the terminally-ill Vicky Phelan,
who was last week awarded €2.5 million over incorrect
smear test results from 2011.
Speaking today, the HSE’s director Tony O’Brien reiterated
an apology to Phelan and all the women affected.
“On Friday-last I wrote to Vicky Phelan to offer an apology
on behalf of the HSE, on behalf of CervicalCheck, and on a
personal basis. For the circumstances in which she was not
communicated with and to wish her well in her ongoing
treatments,” he said.
I also want to thank Vicky for the very clear encouragement
she was giving, that women should not be deterred from
availing of the screening programme.
O’Brien also said today that he was aware of the full extent
of Phelan’s case until he read about it in news reports.
On Saturday, CercivalCheck’s clinical director Dr Gráinne
Flannelly confirmed that she was stepping down from her
position.
O’Brien this afternoon paid tribute to Flannelly’s work in
developing the screening programme.
With reporting by Hayley Halpin
http://www.thejournal.ie/cancer-screening-hse-team-3986427-Apr2018/




US lab involved in cervical cancer
smear tests scandal threatened legal
action against HSE
Wednesday, May 16, 2018
Fiachra Ó Cionnaith and Elaine Loughlin

One of the US laboratories involved in the cervical cancer


smear tests scandal threatened to take legal action against
health service officials if they told doctors about what
happened.

US lab involved in cervical cancer


smear tests threat was revealed in more than 122
pages of Department of Health files released by the
Government last night which show senior department
officials were fully aware of the scandal two years ago.
According to the documents on April 27, 2016, officials from
the HSE’s health and wellbeing division held a meeting with
the Department of Health at Hawkins House.
In a memo to the meeting, which was attended by eight
senior department officials including chief medical officer
Dr Tony Holohan, and four more senior HSE officials, HSE
national director for health and wellbeing Dr Stephanie
O’Keeffe said some “key stakeholders” had “reacted
adversely to the programme communicating review findings
to clinicians”.
And in a clear warning, she said at least one of the US
laboratories had threatened legal action against the State if
it told doctors of what was happening.

One of the contracted cytology laboratory providers has via


legal representation alleged a breach of contract to
challenge the right of the programme to communicate
review outcomes to treating clinicians.
“Another contracted laboratory provider has expressed
serious concerns, though not by legal representation, to
programme management about the same matter,” Dr
O’Keeffe wrote.
“The cytology laboratory in question has invoked the
dispute resolution procedure in the contract and numerous
legal letters have been sent by the solicitors.”
The legal threat came as HSE officials were also noting the
fact neither of the US laboratories had at that stage sought
to renew their contracts to review tests for the HSE, which
were due to run out on July 31, 2016.
It was noted in the same memo that if no agreement was
reached, a tender process could take up to two years —
severely delaying smear test services.
A document from a July 2016 meeting between the
department and the HSE said officials were told 86 letters
had “been issued to treating clinicians” and “a further 200
letters will issue during July-August 2016 where cytology
was reviewed”.
The same document said officials should prepare for
negative media coverage as “given the volume of letters
that will issue over the coming weeks, it is possible that
individual cases would appear in the public domain”.
The tranche of documents released last night also outlined
a series of other previously unknown issues in the scandal,
including that:
- Senior Department of Health officials including Dr
Holohan knew far more about the situation two years ago
than previously claimed, due to a series of meetings
between March and September 2016;
- 128 women developed cervical cancer within three years
of being told there was no sign of the condition in their
smear tests;
- Doctors with concerns over the HSE’s communications
plan for the scandal should contact a PO box in Limerick
instead of tell their patients themselves.
While the documents prove the department was aware of
the scandal in 2016, Taoiseach Leo Varadkar said last night
they do not show he was aware of what was happening — a
claim Fianna Fáil TD Marc MacSharry last night responded
to by saying to the Taoiseach and health Minister Simon
Harris: “I simply don’t believe you”.
Meanwhile, Mr Harris said last night it is “abundantly clear”
the scandal has “raised very great issues of trust” in the HSE
and that he will push for the speedy introduction of
mandatory open disclosure.
https://www.irishexaminer.com/ireland/us-lab-involved-in-
cervical-cancer-smear-tests-scandal-threatened-legal-
action-against-hse-470731.html
CervicalCheck Clinical Audit Submissions Overview
180515
https://health.gov.ie/wp-
content/uploads/2018/05/180515_CervicalCheck-Clinical-
Audit-Submissions-Overview-1.pdf
Cervical Check Departmental 2016 Documents
https://health.gov.ie/wp-
content/uploads/2018/05/180515_CervicalCehck_Departme
ntal-2016-Documents.pdf

Tánaiste: Govt cannot stop Oireachtas


committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018 -

Tánaiste Simon Coveney has said the Government cannot


order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.

Mr Coveney said any attempts by ministers to freeze


Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.
However, despite the need to give the official scoping
review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.
"Well I think first of all Oireachtas committees need to be
given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.

"But, because there are multiple conversations going on,


he's suggesting this is too much of a distraction," Mr
Coveney said.

Asked if committees are "show-boating" by bringing in


officials for public questioning while an independent
scoping review is taking place in the background, the
Tánaiste added: "I think committees do need to make
responsible decisions here, but I think it would be
appropriate for committees to make their own decisions on
that rather than a minister telling them what to do.

"Generally, that has the opposite effect, judging by


experience with Oireachtas committees.

"I totally respect the need for Oireachtas committees to also


have a role here, but what people want most now is full
accountability. I believe Gabriel Scally is probably best
placed to do that outside the heat of the political
discussions that have been happening."

The decision by the Dáil's cross-party public accounts


committee and health committee to invite cervical cancer
victims and officials linked to the scandal has led to key
information being uncovered.

However, it has also led to disputed claims politicians are


interfering in an independent scoping exercise into the
same scandal.

https://www.irishexaminer.com/breakingnews/ireland/tanaiste-govt-cannot-stop-
oireachtas-committees-investigating-cervicalcheck-scandal-843247.html
Disgraceful, god only knows what else is being kept quiet and swept under the carpet.
11th May

‘No hiding place’ in search for


truth over cervical smear test
scandal
Press Association 2017
Minister for Employment Affairs and Social Protection
Regina Doherty, Taoiseach Leo Varadkar, Minister for
Health Simon Harris and Minister with Special
responsibility for Disability, Finian McGrath, during a
press conference at government buildings in Dublin

Ireland’s health minister has warned officials there will be no hiding


place in the quest to find the truth around a deepening cervical smear
test controversy.

Simon Harris said recent revelations that 209 cancer patients had
previously received wrongly-interpreted all-clear smear results had
devastated the country.

Ahead of a special cabinet meeting in Dublin to address a crisis that has


already seen the boss of Ireland’s health service resign, Mr Harris said:
“I want to assure the public that I am equally furious about what is
emerging and there will be nowhere to hide, there will be accountability.”

Earlier this month it emerged that an audit by the


CervicalCheck screening programme of 1,482 women
diagnosed with cervical cancer since 2008 had found
potential errors in earlier smear tests in 209 of the
cases – with results showing no abnormalities when
they should have flagged a cancer warning.

Regina Doherty condemned the handling of the matter as


“disgraceful” (Lorraine O’Sullivan/PA)
The fact the majority of the patients were not initially
told of the outcome of the audit has prompted a wave
of public anger. Of the 209 women, 17 have since
died.
The controversy was triggered by the case of Vicky
Phelan, a terminally ill mother whose legal battle cast
light on the issue.
Last month, Ms Phelan, a 43-year-old mother-of-two
from Co Limerick, settled a High Court action for 2.5
million euro after being incorrectly told in 2011 that her
smear test had given a negative result for cancer.
In 2014, she was diagnosed with cancer but only told
of the false negative last September.
Others impacted have also come forward to tell
powerful stories.
Emma Mhic Mhathuna, 37, from Co Kerry, revealed on
Thursday that she had now been diagnosed with
terminal cancer, five years after being told her smear
tests were normal.
Stephen Teap, from Co Cork, has expressed his anger
that his wife Irene died without ever knowing that her
smear tests had been wrongly interpreted.

“I think the whole country is devastated, shocked,


upset and hurt,” said Mr Harris.
“People like Emma and Vicky, people like Stephen
Teap and others who have told their story, they really
have touched a nerve with all of us.
“But what they need is not platitudes, they need
actions, and I am determined we are going to deliver
those actions.”
“The Cabinet is holding a special meeting at
Government Buildings in Dublin on Friday to agree a
package of measures, such as drug and treatment
costs, to support those affected by the errors.”
Mr Harris promised a package of measures (Lorraine
O’Sullivan/PA)
It comes hours after Health Service Executive (HSE)
director general Tony O’Brien quit.
Mr Harris said the Government needed to demonstrate
that it cared about the impacted women and the next of
kin of those patients who have since died.
There are 10 legal challenges similar to Ms Phelan’s in
the pipeline. Mr Harris said he would take steps to
ensure those women would not have to go to court to
get answers.
“I don’t want any of them to go to court,” he said.
The minister said he would appoint a new director
general of the HSE later on Friday and also move next
week to introduce more accountability within the
organisation.
“There is no place to hide here, all of the facts need to
be established and all of the facts will be established,”
he said.
“There will be and must accountability and answers
here for the women of Ireland and I am absolutely
determined in relation to that.”
Mr O’Brien resigned hours after it emerged that an
internal HSE briefing note that flagged potential errors
in screening tests in 2016 stressed the need for a
media strategy to respond to stories of women whose
cancer diagnosis was missed.
The memo to HSE bosses from Ireland’s National
Screening Service (NSS) also advised a “pause” in the
process of communicating to clinicians the findings of
the audit of smear test results belonging to women
who were subsequently diagnosed with cancer.

Mr Varadkar watches as Mr Harris speaks at a press


conference (Lorraine O’Sullivan/PA)
The HSE forwarded three 2016 memos to the Irish
parliament’s Public Accounts Committee on Thursday
as members probed the growing controversy around
the misinterpreted smear tests.
Earlier on Friday, Regina Doherty, Ireland’s Minister for
Employment Affairs and Social Protection, branded the
language in the notes “absolutely outrageous” and
“disgusting”.

She said the controversy marked a watershed moment


for the management of the HSE.
“The management of the services in this country, you
would be hard pushed to find anybody who says they
have trust or confidence in them,” she told RTE.
“And that needs to change, and we need to change
that as a government right now on behalf of the Irish
people.”

Mr Varadkar previously served as health minister


(Lorraine O’Sullivan/PA)
Taoiseach Leo Varadkar was health minister when the
first memo was sent to HSE chiefs.
The Department of Health confirmed on Thursday night
that the memos were shared with the department.
However, a spokesman said they were only relayed to
certain officials and none were brought to the attention
of any serving health minister.
Micheal Martin, the leader of main opposition party
Fianna Fail, said the response to the crisis had been
“shocking”. The Fine Gael-led government relies on a
confidence and supply agreement with Fianna Fail to
stay in power.

Health Service Executive chief Tony O’Brien has stepped


down amid the deepening controversy (Niall Carson/PA)
When pressed whether his party was now prepared to
withdraw that support, Mr Martin said there was a need
to establish the facts first.
“We need to find out the truth,” he told RTE.
“I am not going to make judgment calls without the
truth, I think that’s a very basic requirement and
accountability, yes, but we need to know the truth.”
He added: “The response to the crisis has been
shocking in my view, it has been very badly managed.”
UK health expert Dr Gabriel Scally has been
commissioned by the Irish government to lead an
inquiry into the misinterpretation of the cancer tests.
A planned away day Cabinet meeting that had been
scheduled for Friday has been postponed.
The Cabinet is instead meeting in Dublin as Mr
Varadkar and Mr Harris continue to deal with the
controversy.
http://www.eveningtimes.co.uk/news/16219981.___No_hidin
g_place____in_search_for_truth_over_cervical_smear_test_sca
ndal/
Dr. Tony Holohan, Chief Medical Officer, Deptartment of
Health Statement by Tony Holohan on CervicalCheck
controversy and processes surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-dr-tony-holohan-chief-medical-
officer-deptartment-of-health_en.pdf

The HPV vaccine protects girls from developing cervical cancer ... the Minister for
Health to reporton the ... Minister for Health (Deputy Simon Harris):

https://data.oireachtas.ie/ie/oireachtas/debateRecord/dail/2
016-07-12/debate/mul@/main.pdf
Opening statement, Jim Breslin, Secretary General, Department of Health
Statement by Jim Breslin on CervicalCheck controversy and processes surrounding open
disclosure

https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-jim-breslin-secretary-general-
department-of-health_en.pdf
John Connaghan, Interim Director General, Health Service Executive (HSE)
Statement by John Connaghan on CervicalCheck controversy and processes
surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-john-connaghan-interim-director-
general-health-service-executive-hse_en.pdf

OPINION : Repeal or Not Repeal .... Be honest, since when did


the State ever gave a shit about women and the well being of
women ? They couldn't even grant the brave female volunteers
who fought side by side beside their male comrades in the 1916
Easter Rising a pension ... the Magdalene Laundries Scandal ...
the Cervical Cancer Smear Test Scandal ... and a lot more ......
There is something far more sinister behind the 'Referendum' in
my humble opinion ... They are attempting with legal precedent to
'set aside' parts of the 1937 Constitution using an 'Enabling
Clause' ... in effect giving themselves ( The Oireachtas ) the power
to legislate whatever they want ... You might think what you want
about 'Dev's Rag' .... ( The 1937 Constitution ) ... but it's the last
thing left which still gives us a wee bit of protection from these
self-serving pocketicians, gombeens and associated bankster
cronies ... Forget about the actual subject itself ... Vote No ! 
Or do
you suddenly trust the Government ?
In 1933 an 'Enabling Act' ( In German 'Ermaechtigungsgesetz' )
set aside the Weimar Constitution in Germany and brought Hitler
into power ... Our Blue Shirts learned well from the Nazis ... The
whole thing could be straight out of Joseph Goebbels's textbook
... Think about it ... Where is the full text of that 'Enabling Clause'
as announced by the Attorney General 2 months ago ... Has
anybody seen it ?
If someone has please send me a link to it via pm or as a
comment under this posting. I couldn't find it and would love to
have a look at it ... WITH A FINE TOOTH COMB & THE LEGAL
DICTIONARY !
The real point behind this referendum, is that it will lead to further erosion of the
Constitution...

Full text of Attorney


General’s advice on repeal of
Eighth Amendment
Attorney General says Eighth Amendment should be
replaced if it is repealed

The Attorney General Séamus Woulfe has advised the Government the
legally safer option would be to insert an enabling provision in the Constitution
if the Eighth Amendment is repealed.

Tue, Jan 30, 2018, 18:12


Information note on legal advice received on
options for a Referendum on Article 40.3.3 of
the Constitution
1. The Department of Health has prepared this
information note in order to explain the legal reasons that
have informed the approach to the amendment of the
Constitution that has been adopted. We hope that this
helps to inform discussion on these issues.
2. The Report of the Citizens’ Assembly recommended,
inter alia, that Article 40.3.3 of the Constitution should be
repealed and replaced with an Article which explicitly
authorises the Oireachtas to legislate to address
termination of pregnancy.
3. The Report of the Joint Committee on the Eighth
Amendment of the Constitution recommended, inter alia,
that Article 40.3.3 of the Constitution “be repealed
simpliciter”.
4. Against this background the Minister for Health sought
the advice of the Attorney General on the potential legal
and constitutional implications of a repeal simpliciter of
Article 40.3.3 of the Constitution.
5. The Attorney General advised that there is no absolute
certainty about the post-repeal landscape of rights. If
Article 40.3.3 were repealed simpliciter, it might
subsequently be argued before the Courts that the unborn
have residual rights arising under other Articles of the
Constitution that could continue to restrict the power of
the Oireachtas to legislate on the issue.
6. To mitigate the uncertainty that might arise in such
circumstances, it was advised that consideration should be
given to inserting wording into the Constitution that
expressly affirms the right of the Oireachtas to legislate for
the regulation of termination of pregnancy.
7. While Article 15.2 of the Constitution provides generally
that the Oireachtas has the power to make laws for the
State, the legal advice is to the effect that the above
approach would have the advantage of making it clear,
through express words, that the Oireachtas has power to
legislate on the subject of the termination of pregnancy.

Abortion Q&A: What will happen after you vote in the referendum?
Abortion legislation: the really contentious bits
Abortion: The Facts

8. If the amendment is adopted by the People, the


Oireachtas would have an express power to legislate to
regulate termination of pregnancy as it considers
appropriate, in the same way as it legislates in every other
area of policy.
The insertion of the additional wording would bring
greater constitutional certainty to the primary authority of
the Oireachtas to make laws in this area, dealing with
controversial social and medical matters.
9. Such an amendment would make it clear that it will be
primarily a legislative function for the Oireachtas to
determine how best to guarantee and balance
proportionately the rights, interests and values that are
engaged, in the interests of the common good.
10. Any such amendment would be fully consistent with,
and maintain, the separation of powers provided for in the
Constitution. It would not oust the judicial review
jurisdiction of the courts as to the validity of any law, or
restrict rights of access to the courts. Legislation enacted
post-amendment would remain subject to review by the
courts like any other legislation.
11. While no approach can be completely free from the risk
of legal challenge, the Attorney General advises that the
approach recommended above is likely to be a legally safer
option than a simple repeal.
12. Such an enabling provision is not without precedent.
The Constitution, in a number of places, expressly restates
that the Oireachtas has power to make certain laws in
particular contexts. Examples include:
• Article 42A on children’s rights - see, for example, Article
42A.4.2 which provides that provision shall be made by
law for ascertaining the views of children and giving them
due weight in the context of certain legal proceedings.
• Article 40.6.1, which, inter alia, provides that provision
may be made by law to prevent or control certain kinds of
public meetings

Article 10.3, which provides that provision may be made


by law for the management of certain property belonging
to the State.
13. The above advice of the Attorney General informed the
approach of the Minister for Health to recommend to the
Cabinet that a referendum on Article 40.3.3 of the
Constitution should be held, asking the People to:
(a) Repeal Article 40.3.3 of the Constitution in full, as
recommended by both the Joint Oireachtas Committee
and the Citizens’ Assembly; and
(b) Insert a new Article into the Constitution to expressly
affirm that laws may be enacted by the Oireachtas
providing for the regulation of termination of pregnancy.
14. The decision of Government on 29th January was to
approve the above recommendations of the Minister for
Health on the approach to be taken to the Referendum.
Department of Health, 30 January 2018

https://www.irishtimes.com/news/politics/full-text-of-
attorney-general-s-advice-on-repeal-of-eighth-amendment-
1.3374141?mode=amp

Unfortunately there is no full real text of the 'Enabling Clause' and that is what I want to see ! I
read that already some time ago on the AG's website ...
Dr Boylan things 38% is 80% and Simon Harris thinks 24 weeks is whole lot different
from 6 months!
George Soros is
Spending Big Bucks to
Try to Legalize Abortion
in Ireland
INTERNATIONAL BILL DONOHUE MAY 14, 2018

In 1983, Ireland passed the Eighth Amendment outlawing


abortion in most cases. Its future will be decided in a May
25 referendum. Activists from both sides have drawn
support from inside and outside the country.

One of the most controversial issues to emerge in this


protracted battle over the abortion law is the funding of
Amnesty International by atheist billionaire George Soros.
Ireland makes it illegal to accept all but a small amount of
money from a foreign donor for political causes. Yet this
hasn’t stopped Soros from giving Amnesty International
$160,964 to fund its “My Body My Rights” campaign; he
has also greased other pro-abortion groups in Ireland.
Last year, the Standards in Public Office Commission
ordered Amnesty International to give back the money to
Soros’ Open Society Institute. It refused and the case is
now before the courts.
Ireland’s Prime Minister, Leo Varadkar, is delighted that
his Health Minister is encouraging voters to legalize
abortion. He also endorses the government siding with
Amnesty International, even though the human rights
entity has received illegal foreign donations. So much for
fidelity to the law.
What has not received the attention it merits is the tortured
logic of Colm O’Gorman, the executive director of
Amnesty International in Ireland.
On the one hand, he calls on the state to “protect foetal
welfare” by ensuring proper healthcare and nutrition for
pregnant woman. On the other hand, he says “there is a
terribly important distinction between protecting foetal
interests and conferring a right to life on the foetus.”
Interestingly, he never tells us what it is.
What on earth does fetal welfare mean if it doesn’t mean
the right to develop into a full-fledged human person? It
most certainly will, provided its maturation is not
interrupted. Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn while
defending abortion—is shared by virtually all of his Irish
supporters. Consider the language of the Eighth
Amendment: “The State acknowledges the right to life of
the unborn and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect, and, as
far as practicable, by its laws to defend and vindicate that
right.”
SUPPORT PRO-LIFE NEWS! Please help LifeNews.com
with a donation to share the pro-life message
Are those who disagree with this statement prepared to
say that “the life of the unborn” is a fiction, and that there
was scientific evidence available in 1983 to validate that
claim? If so, we would like to see it.
Are they prepared to argue that there is some new
biological evidence indicating that life begins at birth? If
so, we would all like to see it. If not, then they would be
voting to deliberately end the life of an innocent human
being.
The Irish people have a grand opportunity to affirm that life
begins at conception, and that they will not listen to the
likes of Amnesty International, and its shady benefactor,
George Soros.
LifeNews Note: Bill Donohue is the president of the
Catholic League for Religious and Civil Rights.

PRO-ABORTION ELITES
ACTIVE IN IRELAND
Catholic League president Bill Donohue
comments on the upcoming referendum on
abortion in Ireland:
In 1983, Ireland passed the Eighth Amendment
outlawing abortion in most cases. Its future will
be decided in a May 25 referendum. Activists
from both sides have drawn support from inside
and outside the country.
One of the most controversial issues to emerge
in this protracted battle over the abortion law is
the funding of Amnesty International by atheist
billionaire George Soros.
Ireland makes it illegal to accept all but a small
amount of money from a foreign donor for
political causes. Yet this hasn’t stopped Soros
from giving Amnesty International $160,964 to
fund its “My Body My Rights” campaign; he has
also greased other pro-abortion groups in
Ireland. Last year, the Standards in Public Office
Commission ordered Amnesty International to
give back the money to Soros’ Open Society
Institute. It refused and the case is now before
the courts.
Ireland’s Prime Minister, Leo Varadkar, is
delighted that his Health Minister is
encouraging voters to legalize abortion. He also
endorses the government siding with Amnesty
International, even though the human rights
entity has received illegal foreign donations. So
much for fidelity to the law.
What has not received the attention it merits is
the tortured logic of Colm O’Gorman, the
executive director of Amnesty International in
Ireland.
On the one hand, he calls on the state to
“protect foetal welfare” by ensuring proper
healthcare and nutrition for pregnant woman.
On the other hand, he says “there is a terribly
important distinction between protecting foetal
interests and conferring a right to life on the
foetus.” Interestingly, he never tells us what it
is.
What on earth does fetal welfare mean if it
doesn’t mean the right to develop into a full-
fledged human person? It most certainly will,
provided its maturation is not interrupted.
Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn
while defending abortion—is shared by virtually
all of his Irish supporters. Consider the language
of the Eighth Amendment: “The State
acknowledges the right to life of the unborn
and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect,
and, as far as practicable, by its laws to defend
and vindicate that right.”
Are those who disagree with this statement
prepared to say that “the life of the unborn” is a
fiction, and that there was scientific evidence
available in 1983 to validate that claim? If so,
we would like to see it.
Are they prepared to argue that there is some
new biological evidence indicating that life
begins at birth? If so, we would all like to see it.
If not, then they would be voting to deliberately
end the life of an innocent human being.
The Irish people have a grand opportunity to
affirm that life begins at conception, and that
they will not listen to the likes of Amnesty
International, and its shady benefactor, George
Soros.

Vicky Phelan among a number of


victims to speak before Oireachtas
Committee on CervicalCheck scandal
Wednesday, May 16, 2018
A number of victims of the CervicalCheck scandal will speak
before an Oireachtas Committee later.

Vicky Phelan and Stephen Teap will give evidence to the


Public Accounts Committee about their stories.

Despite other investigations going on, the Oireachtas Public


Accounts Committee has decided to pursue their own
inquiry into what happened at CervicalCheck.

Today they will hear from the woman without whom we


would know nothing about the scandal, Vicky Phelan, as
well as Stephen Teap, whose late wife got a false negative
reading.
The committee is hoping it will give them a fuller picture as
to what went on before the question HSE and Department
of Health officials on Thursday.

Meanwhile the head of the scoping exercise into


CervicalCheck, Dr Gabriel Scally, has warned the department
he may have issues fulfilling his remit if many of the
witnesses are constantly distracted appearing before
different committees.

Both the Oireachtas Health Committee and the Public


Accounts Committee are due to hear evidence today.
Two of the most high-profile victims of the cervical cancer
tests scandal have called on 35 senior HSE and Department
of Health officials who knew what happened in 2016 to be
removed from power while investigations take place.

Limerick mother Vicky Phelan, who has months to live, and


Cork father Stephen Teap, whose wife Irene died last year,
insisted on the move as they accused officials of a "cover-
up" and demanded an immediate "random" audit of all
Cervical Check tests.

Vicky Phelan and Stephen Teap arriving at Leinster House today.


Photo: Brian Lawless/PA Wire.

Speaking during a specially arranged two-hour meeting of


the Dáil's cross-party public accounts committee, two of the
public faces of the cervical cancer crisis said they want clear
actions to be taken in response to the scandal.

Asked by Labour TD Alan Kelly what specifically this means


after he pointed out 122-pages of documents released on
Tuesday show 35 senior officials knew of the crisis two
years ago, both Ms Phelan and Mr Teap said no one named
in the files should remain in power.

"Yes, 100%," Ms Phelan said when asked if they should be


removed while investigations take place.

"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.

"Clearly they've proven time and again they're incapable of


passing on information. They should be removed, but I
wouldn't be letting them go too far, they still have to
answer questions," he added when asked later if they should
remain by Fine Gael TD Peter Burke.

During the same meeting, Ms Phelan and Mr Teap also told


PAC members they believe there has been an orchestrated
"cover-up" of what happened by HSE and Department of
Health officials, and that a culture of "deny" has overtaken
patient care.

Asked by Sinn Féin TD David Cullinane about the cover-up


claims, Ms Phelan's solicitor Cian O'Carrol said while it is an
"emotive" term, "from the documentation you can clearly
see there was a co-ordinated plan to deny people
information".

Similarly, Mr Teap said "information was clearly withheld"


from both himself, his wife, his family and his family doctor,
and that there is no other explanation as to why.

Ms Phelan and Mr Teap also agreed with Fine Gael TD Kate


O'Connell they want to see a "random" audit of all Cervical
Check smear tests over the past decade set up to find out if
more than the 209 women known so far have been affected.

Asked about the issue by Ms O'Connell, Mr Teap said he has


been "calling for that" to "alleviate the fear of women in
Ireland".

"They are absolutely terrified. When you hear of Irene's


story, two smears missed and a woman dead, the HSE have
duty of care to do that quickly," he said.

The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".

Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:

"If I die, I do not want it to be in vain."


RTÉ Politics
@rtepolitics

BREAKING: @PhelanVicky "If I do die I want it to be not in


vain" She wants sanctions for those who make mistakes
and the HSE to be overhauled "so this will never happen
again."
6:05 PM - May 16, 2018

233

115 people are talking about this
Twitter Ads info and privacy

Vicky Phelan and Stephen Teap accuse


health officials of 'cover-up' in strong
speeches to PAC
Wednesday, May 16, 2018

Update: 7.55pm Two of the most high-profile victims of the


cervical cancer tests scandal have called on 35 senior HSE
and Department of Health officials who knew what
happened in 2016 to be removed from power while
investigations take place, writes Fiachra O'Cionnaith.

Limerick mother Vicky Phelan, who has months to live, and


Cork father Stephen Teap, whose wife Irene died last year,
insisted on the move as they accused officials of a "cover-
up" and demanded an immediate "random" audit of all
Cervical Check tests.
Vicky Phelan and Stephen Teap arriving at Leinster House today.
Photo: Brian Lawless/PA Wire.
Speaking during a specially arranged two-hour meeting of
the Dáil's cross-party public accounts committee, two of the
public faces of the cervical cancer crisis said they want clear
actions to be taken in response to the scandal.

Asked by Labour TD Alan Kelly what specifically this means


after he pointed out 122-pages of documents released on
Tuesday show 35 senior officials knew of the crisis two
years ago, both Ms Phelan and Mr Teap said no one named
in the files should remain in power.
advertisement
"Yes, 100%," Ms Phelan said when asked if they should be
removed while investigations take place.

"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.

"Clearly they've proven time and again they're incapable of


passing on information. They should be removed, but I
wouldn't be letting them go too far, they still have to
answer questions," he added when asked later if they should
remain by Fine Gael TD Peter Burke.

During the same meeting, Ms Phelan and Mr Teap also told


PAC members they believe there has been an orchestrated
"cover-up" of what happened by HSE and Department of
Health officials, and that a culture of "deny" has overtaken
patient care.

Asked by Sinn Féin TD David Cullinane about the cover-up


claims, Ms Phelan's solicitor Cian O'Carrol said while it is an
"emotive" term, "from the documentation you can clearly
see there was a co-ordinated plan to deny people
information".
Similarly, Mr Teap said "information was clearly withheld"
from both himself, his wife, his family and his family doctor,
and that there is no other explanation as to why.

Ms Phelan and Mr Teap also agreed with Fine Gael TD Kate


O'Connell they want to see a "random" audit of all Cervical
Check smear tests over the past decade set up to find out if
more than the 209 women known so far have been affected.

Asked about the issue by Ms O'Connell, Mr Teap said he has


been "calling for that" to "alleviate the fear of women in
Ireland".

"They are absolutely terrified. When you hear of Irene's


story, two smears missed and a woman dead, the HSE have
duty of care to do that quickly," he said.

The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".

Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:

"If I die, I do not want it to be in vain."


RTÉ Politics
@rtepolitics

BREAKING: @PhelanVicky "If I do die I want it to be not in


vain" She wants sanctions for those who make mistakes
and the HSE to be overhauled "so this will never happen
again."
6:05 PM - May 16, 2018

230

114 people are talking about this
Twitter Ads info and privacy

Update: 5.30pm: Vicky Phelan has told the Public Accounts


Committee (PAC) that she does not want to "die in vain" and
that she wants to ensure that cases like hers never happen
again.

Ms Phelan and Stephen Teap are speaking before a special


sitting of the Committee this evening.
Ms Phelan told the Committee she is not looking for
revenge, but wants rules to be in place within the HSE that
will prevent the same mistakes occurring again.

Ms Phelan, whose case brought the CervicalCheck scandal


to national attention has described in detail the gruelling
medical treatment she has had to undergo for her cervical
cancer.

She also outlined how a 2011 smear test produced a false


negative result.

Stephen Teap, whose wife Irene was one of the 18 women


who have died of cervical cancer not knowing that her
smear tests were incorrect, is also sharing his story this
evening.
Update 12.54pm: In the Dáil, the Minister for Education
Richard Bruton has said it is very clear that there have been
failures over the cervical scandal and the Government is
seeking to resolve them.

Both Fianna Fáil's Micheál Martin and Sinn Féin's Pearse


Doherty challenged Minister Bruton during Leader's
Questions.

Minister Bruton responded to say there will be changes.

He said: "I think it's very clear, and I think everyone accepts
in this house (Dáil) that there have been failures in this
situation and I think it raises issues about the longer term
accountability of the HSE.
"The Minister has signalled that he will be introducing
legislative change to change the oversight mechanisms for
the HSE and the house will have ample opportunity discuss
how we best do that."

He also told the Dáil that it was "appalling" that women


were kept in the dark about the results of their audited
smear tests, writes Elaine Loughlin of the Irish Examiner.

Questions have been raised in the Dáil as to whether the


decision not to introduce mandatory open disclosure was
linked to the CervicalCheck scandal.

Opposition parties have pressed the Government on the fact


that it was decided not to introduce mandatory disclosure
around the same time as letters were being sent out to
doctors informing them of audits that had been carried out
on smear checks relating to their patients.

Documents released this week and last week reveal that the
chief medical medical officer Dr Tony Holohan was aware of
this and received regular updates throughout 2016.

Fianna Fáil leader Micheál Martin has pointed out that there
was a "circumvention" of open disclosure.

"Is there any link between that and the then Minister for
Health Leo Varadkar in not to proceed with his original
commitment to introduce mandatory disclosure?" Mr Martin
asked.

This was echoed by Sinn Féin deputy Dáil leader Pearse


Doherty who said: "As Minister for Health, the Taoiseach
promised to introduce mandatory open disclosure but
following advice from the chief medical officer he changed
his mind, that was the wrong advise and it was the wrong
decision in 2016 and many women affected by the
CervicalCheck scandal are now only being informed of their
misread results."

Minister Bruton said a voluntary disclosure system was


initially introduce to "encourage an cultural change where
people could openly discuss failures where they do occur."

He said: "What we are moving to do in the Patient Safety


Bill is that there will be mandatory disclosure, this will be
legally binding so it will be an offence to fail to do so."

Mr Bruton said said the documents between the HSE and


the Department of Health on the CervicalCheck audits
"categorically" showed that neither the Taoiseach or the
current Minister for Health had any knowledge of non-
disclosure.

"So it cannot be linked to any decision that was made by


either Minister or the Oireachtas.

"There can be no link because no information was made


available to the Ministers concerned," said Mr Bruton.

Meanwhile at the Health committee, Stephanie O'Keeffe,


National Director for Health and Wellbeing, has said the
HSE did not know about non-disclosure.

She said: "None of the usual assurance mechanisms that you


have as a National Director and a senior manager told me
that there was a difficulty between the letters being issued
and the communication to patients."

Earlier: Tánaiste Simon Coveney has said the Government


cannot order Oireachtas committees to stop investigating
the cervical cancer scandal, despite concerns an
independent expert examining the crisis the dual
questioning is distracting witnesses, writes Fiachra Ó
Cionnaith.

Mr Coveney said any attempts by ministers to freeze


Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.

However, despite the need to give the official scoping


review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.

"Well I think first of all Oireachtas committees need to be


given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.

"But, because there are multiple conversations going on,


he's suggesting this is too much of a distraction," Mr
Coveney said.
11.05am: Decision not to tell Minister of CervicalCheck
audit was 'fair and reasonable', Health Committee hears

The Chief Medical Officer in the Department of Health says


it was "fair and reasonable" not to flag news of the
CervicalCheck audit of cancer tests with the Minister in
2016.

Documents have shown the Department was aware of the


audit of false negative smear tests two years ago.

209 women developed cervical cancer after receiving a false


negative in their tests and 18 of them have since died.

Chief Medical Officer with the Department of Health Dr


Tony Holohan told an Oireachtas committee they believed
there was no need to escalate the news in 2016.

Dr Holahan said: "No Minister was advised and the decision


not to escalate was at the time a fair and reasonable
decision based on, at the time, the information available to
the department.

"It was reasonable because the information provided to the


department in briefing notes from the HSE was evidence to
us, and interpreted as ongoing improvements in how the
service was being delivered rather than the identification of
problems that might require escalation."
Chief Medical Officer with the Department of Health Dr Tony
Holohan.
The interim director general of the HSE, John Connaghan,
has acknowledged and apologised for the confusion and
alarm which has been created in relation to the
CervicalCheck Programme as a result of the failure to
communicate with the women affected.

Mr Connaghan said: "This failure has ultimately impacted on


every female in Ireland, their families, their spouses and
their children."

He added that both CervicalCheck and the HSE have failed


by any measure.

"I want to sincerely apologise on behalf of the HSE and


CervicalCheck to the women and their families who have
been directly affected by what has happened and to all the
women of Ireland who have been understandably frightened
and concerned by what they have read and heard," Mr
Connaghan said.
"We must learn lessons from what has happened."

He finished by making four pledges.


The four pledges made by the interim director general of the HSE,
John Connaghan
1. We will move swiftly and with compassion to provide effective
support packages to the women and families who require support.
We will do that with the minimum of fuss and bureaucracy and with
empathy.

2. We will fully openly and transparently co-operate with the Scally


Inquiry, the International Expert Panel Review and any subsequent
inquiries.

3. If there is a requirement to hold individuals to account on a


personal basis we will do so. In that respect the Scally Inquiry and
subsequent inquiries will be important for the independence of their
views and to allow due process and fair procedures to be followed.

4. We will learn lessons from recent weeks not least the ability to say
sorry. Patients need to know what happened, what can be done to
deal with any harm and what will be done to prevent someone else
being harmed.

It was revealed yesterday that Dr Gabriel Scally - who is


leading the scoping inquiry into the controversy - believes
the Oireachtas hearings could impact his work.

He has warned he may have issues fulfilling his remit if


many of the witnesses are constantly distracted appearing
before different committees.

He raised concerns that the 'fevered atmosphere' around the


situation may affect the investigation.

However, Deputy Fleming says the PAC wants answers for


those affected - and says he believes they're going to help
Dr Scally in his work.

He said: "What's happening in the Oireachtas over the last


couple of weeks is bringing information into the public
arena... it's making the HSE and the Department of Health
check their files.

"I think it's important that the public have some assurance
in the near-term as to where [things] stand on this issue.

He added: "Once we have a scoping inquiry, once we have a


commission of investigation... you and I know that's three
years down the road before we got a result from that."

https://www.irishexaminer.com/breakingnews/ireland/vicky-
phelan-and-stephen-teap-accuse-health-officials-of-cover-
up-in-strong-speeches-to-pac-843211.html
Tánaiste: Govt cannot stop Oireachtas
committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018
Tánaiste Simon Coveney has said the Government cannot
order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.
Mr Coveney said any attempts by ministers to freeze
Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.

However, despite the need to give the official scoping


review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.
"Well I think first of all Oireachtas committees need to be
given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.

"But, because there are multiple conversations going on,


he's suggesting this is too much of a distraction," Mr
Coveney said.

Asked if committees are "show-boating" by bringing in


officials for public questioning while an independent
scoping review is taking place in the background, the
Tánaiste added: "I think committees do need to make
responsible decisions here, but I think it would be
appropriate for committees to make their own decisions on
that rather than a minister telling them what to do.

"Generally, that has the opposite effect, judging by


experience with Oireachtas committees.

"I totally respect the need for Oireachtas committees to also


have a role here, but what people want most now is full
accountability. I believe Gabriel Scally is probably best
placed to do that outside the heat of the political
discussions that have been happening."

The decision by the Dáil's cross-party public accounts


committee and health committee to invite cervical cancer
victims and officials linked to the scandal has led to key
information being uncovered.

However, it has also led to disputed claims politicians are


interfering in an independent scoping exercise into the
same scandal.
https://www.irishexaminer.com/breakingnews/ireland/tanais
te-govt-cannot-stop-oireachtas-committees-investigating-
cervicalcheck-scandal-843247.html

Women refused cervical audit results


in 2016
Wednesday, May 16, 2018

By Elaine Loughlin, Fiachra Ó Cionnaith, and Daniel


McConnell
CervicalCheck refused to provide information to two
concerned women who directly contacted the service in
2016, it has been revealed.

The revelation is contained in a tranche of newly released


documents that also show the Department of Health and
HSE officials held regular meetings over the CervicalCheck
scandal throughout 2016.

Serious questions have now been raised as to why the


minister of health was not informed of the controversy if
senior officials in his department were discussing the audits
on a regular basis.

It comes as terminally-ill Vicky Phelan is to speak to the


Dáil Public Accounts Committee today along with Stephen
Teap, whose wife Irene died last year after receiving an
incorrect cervical cancer screening which she was not told
about.

Separately, senior officials from the HSE, the Department of


Health, and CervicalCheck, will be grilled over who knew
what and when they found out as they come before the
Oireachtas Health Committee today.

In a letter to Department of Health chief medical officer


Tony Holohan in October 2016, CervicalCheck admitted it
did not give details of audits to two women diagnosed with
cervical cancer who had asked for their records.

“Two women have directly enquired informally about their


diagnosis and have been informed of the cancer audit
process and that any review findings will be communicated
to their consultant doctors,” the memo read.

Mr Holohan also heard doctors were being told to “use their


judgement” when deciding whether to inform women their
initial smear test results were wrong.

“In cases where the woman has died, simply ensure the
result is recorded in the woman’s notes,” the memo added.

PAC vice-chairman Alan Kelly last night questioned the


medical ethics of adding to a patient’s records after their
death and not informing the next of kin.

This was echoed by the chairman of the Health Committee,


Michael Harty, who is a Clare TD and GP.

“From a data protection point of view, there may be issues


around passing information to the next of kin. From an
ethical point of view, the opposite would be the case. From
an ethical point of view they have a right to know,” he said.

“Open disclosure is a central issue in this, there was a need


for open disclosure.”

Dr Harty added that he would quizzing officials today on


why information was not delivered up the chain of
command to the minister for health.

“The two fundamental issues is first why was this


information not passed up the line, why was it not
recognised that this was a serious issue?” he asked.

He said the second issue relates to whether there were


sufficient quality assurances around the laboratories that
were used to test smear samples.

Mr Kelly also said it seemed “bizarre” that the health


minister would not be informed of the audit given the
intense levels of communications between the department
and HSE on the controversy.

“It makes it quite clear that the department were discussing


the issue and so had full knowledge and so it’s bizarre that
it was also told to the minister of his people,” he said.

Taoiseach Leo Varadkar, who was health minister when the


first of the memos were sent in 2016, said the documents
showed that “none of this was escalated beyond the office
of the CMO and the office of acute hospital services”.

He told the Dáil: “The memos and documents confirm that


no concerns were raised about patient safety, the efficacy
and accuracy of the programme or the accuracy of any
particular laboratories.”

Mr Varadkar added that he could not comprehend the


“absence of any concern or care” by CervicalCheck to the
women who were kept in the dark over smear screening
audits.
https://www.irishexaminer.com/breakingnews/ireland/women-refused-cervical-
audit-results-in-2016-843176.html

CERVICAL CHECKS
Doctors told not to
reveal cervical
check reviews
Jennifer Bray, Katie O’Neill
May 16 2018, 12:01am,
The Times

Emma Mhic Mhathýna spoke at a vigil in Tralee. She is one of the


women wrongly told their smear test results were normal. She now has
terminal cancer
Doctors were told by Cervical Check to consider
whether it would do “more harm than good” to tell
women diagnosed with cervical cancer about
reviews of their original smear tests.
The Department of Health yesterday released a raft
of documents revealing the extent of knowledge it
had in relation to the controversy.
Senior department officials, including the chief
medical officer, were repeatedly updated about
legal issues in relation to the screening programme,
and informing women of audit results.
Cervical Check policy in 2016 said that “as a
general rule of thumb”, women should be informed.
It has emerged that 209 women with cervical cancer
had their original smear test re-analysed. The audits
revealed that those smears should have warranted
further action. Health officials knew as…
Doctors were told by Cervical Check to consider whether it would
do “more harm than good” to tell women diagnosed with cervical
cancer about reviews of their original smear tests.
The Department of Health yesterday released a raft of documents
revealing the extent of knowledge it had in relation to the
controversy.
Who ever told them to keep quiet jail these BASTARDS
It is up to the so called Doctors to ethically carry out their profession. Surely they must stand
up against such evil and immoral practices in deceiving their patients.

Absolutely disgusting, not only the behaviour of that fat pig but the amount she receives in a
pension for been an incompetent asshole!

I wouldn't wipe my ass with Irish Tatler rag


Shes a thunderin fukin disgrace.

Big fat Sow


https://www.thetimes.co.uk/edition/ireland/telling-women-cancer-
test-result-would-do-more-harm-than-good-0tf7s9s26

Utter outrage as Tony O’Brien


steps down but is believed to
keep his enormous €100,000+
salary
May 13, 2018 10:30 James Brennan Irish News

The Director General of the HSE Tony O’Brien finally


announced last night that he’s stepping down from his
position.
It’s understood that Emma Mhic Mhathuna’s revelations
yesterday were the final straw in O’Brien making his decision
to step down from his €192,000 a year job.

It must be noted that there was absolutely no pressure


whatsoever from Minister for Health Simon Harris or
Taoiseach Leo Varadkar for O’Brien to step down.
Harris re-enforced his support for O’Brien numerous times
since the smear test scandal broke.
While just a few weeks ago, the Taoiseach Leo Varadkar
thanked O’Brien in a letter for all the “great work” he was
doing.
The smear test scandal has been building and building and
O’Brien’s position became untenable however it’s believed that
O’Brien will keep his in excess of €100,000 a year pension.
It’s believed that other heads will roll as a result of the scandal,
possibly even Harris or Varadkar in the long run.
Many are querying why Irish feminists have been so silent
over the scandal with no marches or major protests taking
place as they did for the recent #Ibelieveher campaign.
One social media commentator said: “It’s clear that Irish
feminists are more interested in killing Irish babies in the
womb than they are at defending Irish women from O’Brien
and co”.

HSE confirms the number of


deaths from the CervicalCheck
controversy has risen to 18
May 16, 2018 08:00 Christopher O'Brien Irish News

The HSE have confirmed that two more women have been
contacted in wake of the recent CervicalCheck controversy.
In an announcement made on Tuesday, the Health Service
Executive said so far they have contacted 205 women or
families of the 209 women affected by the scandal.

They also revealed that the latest audit shows that in total 18
women died after they were provided with incorrect tests
results.
The latest announcement comes as the heath also confirmed
that in total 7,103 calls have been returned by the
CervicalCheck screening service.



Thug Emma Mhic Mhathúna duine den os cionn
200 bean a fuair torthaí tástála míchruinn
agallamh coscrach inniu don Saol Ó Dheas faoin
drochscéala a fuair sí inné go raibh an ailse atá
uirthi scaipthe ar fud a coirp

PICTIÚR: An Saol Ó Dheas/Twitter


Déardaoin, Bealtaine 10 2018
https://tuairisc.ie/fuaim-an-soldiers-song-nil-saighdiuiri-ar-bith-sa-tir-seo-
agus-mna-na-heireann-ag-fail-bhais-emma-mhic-mhathuna/

Whats the point in getting another smear check so. Sure you will
never know for sure if the results are right or not.
Hilary O'Neill
2 hrs
URGENT URGENT URGENT - PLEASE SHARE
The Taoiseach's office returned my call this morning and confirmed to me
that Cervical Check will continue to use Quest Laboratories to test our smear
tests in spite of the warnings in 2008 and the misdiagnosis and deaths of
countless women in the intervening 10 years. This is absolutely scandalous
and total and utter wreckless endangerment of our lives. The civil servant
that called me advised me to ring Cervical Check. To do what you might
ask? To confirm what I already know. That our lives and our health just do
not matter one iota to these people. Are we seriously going to accept this? It
really is time the women of Ireland said enough is enough!
Join Cancer Trials Ireland as they celebrate the fantastic contribution patients, their
families, clinicians and researchers make to help find answers to cancer through cancer
trials.
This event will be hosted at Farm

leigh House in Dublin’s Phoenix Park at 11am this Friday, May 18th. Tickets are free but
you must register here!

May 15, 18

Provide full support including psychological care


for all victims and families of the cervical smear
cancer scandal. We also want accountability and
full transparency from the Government, HSE and
CervicalCheck.
Why is this important?
The women of Ireland have been let down. 17 are dead. 208
other women who are warriors are fighting and suffering silently.
Countless women have been let down - lied to. Their results
covered up and delayed amid fighting and bickering between
consultants in the HSE and Cervical Check over whose
responsibility it was to inform them and their families.
Where is the justice? Who is going to stand up and fight for all
these women? How many more are out there with misdiagnosed
smears walking around like ticking time bombs?
We call on Leo Varadkar to explain to us what he knew about
the memo as Minister for Health in 2016. Simon Harris also
needs to explain his knowledge of the memo.
1. First and foremost, priority must be given to the victims of this
scandal. Support services have not been offered on the back of
the news breaking of the cervical smear scandal. Women who
are currently in the middle of the fight of their lives need to be
offered counselling services, but this unfortunately has not
happened yet.
2. We are also calling for the repatriation of our smear tests back
to Irish labs.
3. A review/audit of ALL smears carried out over the period of
time it was processed in the USA and offer all women a free
smear immediately to ensure previous results are actually
correct. We will see then how credible Medlab are in screening
for our women.
4. Annual audits of all smears must be processed from now on.
So many women in Ireland are now scared. Terrified. Wondering
how many of their smears that they have had over the years
have been misdiagnosed.
These women are our mothers, sisters, wives, daughters,
friends - these women are us.
We call on Leo Varadkar to explain to us what he knew about the memo as Minister for
Health in 2016. Simon Harris also needs to explain his knowledge of the memo.
1. First and foremost, priority must be given to the victims of this scandal. Support
services have not been offered on the back of the news breaking of the cervical smear
scandal. Women who are currently in the middle of the fight of their lives need to be
offered counselling services, but this unfortunately has not happened yet.
2. We are also calling for the repatriation of our smear tests back to Irish labs.
3. A review/audit of ALL smears carried out over the period of time it was processed in
the USA and offer all women a free smear immediately to ensure previous results are
actually correct. We will see then how credible Medlab are in screening for our women.
4. Annual audits of all smears must be processed from now on.
So many women in Ireland are now scared. Terrified. Wondering how many of their
smears that they have had over the years have been misdiagnosed.
These women are our mothers, sisters, wives, daughters, friends - these women are us.

https://my.uplift.ie/petitions/justice-for-cervical-smear-scandal-
victims?bucket&source=facebook-share-button&time=1526359608
We should never have heard of Vicky Phelan or Irene Teap or
Emma Mhic Mhathúna or any of the other women affected by the
cervical cancer scandal.
At least not for being young women and mothers and terminally ill
with cervical cancer. Because a system that was supposed to
protect them let them down very badly.
Their bravery and courage are in sharp contrast to the abject
failings of the State agencies charged with protecting our health.
It is chilling to think of the silent death toll that would have
continued to rise unchecked had Vicky Phelan not been so brave.
There is something rotten at the heart of our health system. It’s a
reluctance to own up to mistakes – a fear of being sued. This is
corrosive and unless and until it changes, nothing will change and
we will continue to have more Vicky Phelans and Irene Teaps and
Emma Mhic Mhathúnas.
Niamh Ni Mhurchu is a partner in Callan Tansey solicitors.
As a lawyer it also pains me to say that the legal system we have
in place to deal with medical negligence cases is structurally unfit
for purpose. I have to work with this system every day. I sit with
clients who have been traumatised by the clinical failings of their
doctors; a trauma that is made worse by the manner in which they
are treated by hospital management when they seek answers and
by the manner in which the State defends their case. This trauma
goes on for years.
Mediation, rather than the gladiatorial arena of the court room is
the way forward for medical negligence actions and gives all
parties the opportunity to reach a settlement in a much less
hostile environment.
As I think of these women this week I am reminded of my clients
who have suffered themselves or lost their loved ones - babies,
young women, young fathers and grandparents - through medical
negligence and who were treated appallingly by the State.
I have had cases which were so clear-cut in terms of negligence
that I forwarded my experts’ reports to the State at a very early
stage to avoid protracted litigation only to be met with a full
defence and then settlement talks on the morning of the hearing
of the case. This “defending the indefensible” cannot continue.
It’s unconscionable.
The State Claims Agency has said that they will not prosecute
cases of a similar nature to Vicky’s. Why is that? Why did they
defend Vicky Phelan's case? Why insist on a gagging clause up
front when negotiating a settlement?
Thankfully the truth has come about the shortcomings in the
screening of cervical cancer but we came very close to it lying
buried forever. Vicky has done the women of this country a huge
service with her bravery.
We need the medical profession and the State agencies such as
the State Claims Agency which manages medical negligence
claims on behalf of the State to undergo a real and meaningful
change in their approach to clinical errors. Mandatory disclosure
of these errors is the only credible way forward and our politicians
must show real courage in withstanding vested interests and put
this approach on a legislative footing.
My fear is that with the passage of time, memories will fade and
we will slowly settle back into the couch of complacency.
Vicky Phelan is a remarkable woman whose courage has given us
the opportunity to finally put the patient and their families at the
heart of our health system and to treat citizens who bring cases
as human beings rather than an inconvenience.
We owe her that much at the very least.

TAOISEACH Leo Varadkar has defended the


government’s response to the cervical screening scandal.
There has been criticism of how the government has
handled the controversy, which is now into its third week.
Labour leader Brendan Howlin has claimed the response
by Mr Varadkar and Health Minister Simon Harris has
been "one of catch-up", accusing them of "always being
one of one step behind the curve from the very beginning
of this whole process."
And there have been suggestions that the government
should have managed the crisis in the same way as the
response to extreme weather events.
Mr Varadkar this morning said: "This issue, unlike
perhaps other major national issues is not one that we
were able to prepare for because we didn’t know about it
in advance.
"Minister Harris and I are finding out the facts in a drip,
drip manner, often at the same time as the media and the
general public and that’s not a desirable situation to be in.
"If we had known about it in advance we could have
prepared for it but we didn’t and now we need to deal with
the situation as it is," he said.
The Taoiseach also said: "I just want to assure everyone in
the country that we’re acting as quickly as we can to get on
top of this issue."
He listed four priorities, the first being to put the care
package in place for the women how have been affected.
This includes covering medical costs.
He said: "The second is to get to the facts and the only way
we can do that is through the Scally inquiry."

This is the scoping inquiry being carried out by Dr Gabriel


Scally who is due to report in June.
Mr Varadkar said the third priority is "to hold people to
account" and he added: "the fairest way and the only way
we can do that properly really is through due process and
the Commission of Inquiry."
He said the fourth priority is to "restore confidence in
cancer screening and that’s what we’re trying to do."
THE doctor brought in to investigate the CervicalCheck scandal has expressed
serious concerns about the "fevered atmosphere" in which he is operating,
Independent.ie understands.

Today’s Cabinet meeting heard that Dr Gabriel Scally has written to the
Department of Health to warn that he has already run into "some problems"
with his scoping inquiry.
A note written by Dr Scally was shown to ministers as part of a tranche of
documents brought to the meeting by Health Minister Simon Harris.

One minister told Independent.ie Dr Scally is concerned that key officials he


needs to question as part of the inquiry are preoccupied preparing for public
grilling by the Oireachtas Health Committee and Public Accountants
Committee.

Officials from the HSE, CervicalCheck and Department of Health are due to
appear before TDs at both committees later this week.

The note said the doctor was "making progress" in setting up his team and
planning out the key lines of inquiry.

Dr Scally informs the Department’s Secretary General that he has "had the
privilege of meeting and talking to some of those most affected, particularly
Vicky Phelan".

But he adds: "I however would like to express concern that the current fevered
atmosphere is posing some problems.

"It is apparent to me that some key individuals and organisations are being
distracted by the necessity of preparing to appear before committees and
answering questions on very specific aspects of the this substantial system
failure that has led to such genuine concern and heartbreak."

Dr Scally says he needs "to gain the full attention and cooperation of the key
individuals and their organisations".

The note concludes that he is doing his best "to deliver the best information,
analysis and recommendations so that those most affected, the women and
their families, can receive the clearest possible picture of what went wrong".

Meanwhile, more documents relating to the CervicalCheck scandal are to be


published by the Department of Health this evening.

Taoiseach Leo Varadkar told the Dáil that a trawl of more than 40 million
emails and other documents has found “roughly a dozen” relevant to the
current controversy.

“They confirm that there were no concerns about patient safety raised, no
concerns about the ethicacy of the programme, no concerns about any
particular labs,” Mr Varadkar said.

He added that no minister was ever made aware of the problems with
screening audits.

Mr Varadkar said HSE and departmental officials “wrongly assumed” that


women were being told that smear tests had missed potential abnormalities
that could have led to an earlier cancer diagnosis.
He said the memos released to date did show an “absence of concern for
patients”.

Fianna Fáil leader Micheál Martin said the memos pointed to “containment
and concealment”.

He said there had been “an absence of political leadership” in the Department
of Health since the controversy broke.

“People are saddened, they are angry, in some instances confused in terms of
the entire scandal itself,” he said.

Independents4Change Clare Daly made an impassioned speech attacking the


Government, other Opposition politicians and the media.

She said governments “are too busy staying in power to govern” and the
Opposition are “too busy scoring political points”.

Ms Daly added that the “media are too bloody lazy to analysis what goes on in
here”.

She called for mandatory disclosure to be introduced and a proper redress


scheme put in place so as to “take the lawyers out of the hospitals”.
The HSE wrote an apology letter to the parents of a young
teacher who died after suffering ovarian cancer - admitting
it had "failed to make a correct diagnosis".
Antoinette Mullany (35) died in July 2012, several months
after she presented to her GP and then to Our Lady of
Lourdes Hospital, Drogheda, in pain.
Antoinette's stomach was bloated and by the time she was
taken to A&E in the summer of 2011 she was, her mother
said, in "excruciating pain".
But Sheelagh Mullany (80), a retired teacher, claims her
daughter was initially told by a GP to exercise. And later,
in hospital, Antoinette was told she was suffering
endometriosis, Ms Mullany claimed.
In the HSE letter, dated October 13, 2014, Group General
Manager of the Louth Meath Hospital Group, Margaret
Swords, made an admission, that Antoinette hadn't
received the best care possible. "From my perspective, the
main purpose of our meeting was to acknowledge to you
that this hospital failed to make a correct diagnosis in
relation to your beloved daughter, Antoinette, and failed to
transfer her sooner to another hospital that could have
made the diagnosis of ovarian cancer earlier.
"This undoubtedly adversely affected her opportunity for
different treatment options.
"On behalf of Our Lady of Lourdes Hospital, I wish to
unreservedly apologise to you for this failure.
"I was very moved by your courage and determination and
it was a privilege to spend time with you both [Mr and Ms
Mullany]."
The admission - which led to a settlement made after a
mediation process - only came after Ms Mullany spent two
years researching her daughter's symptoms, treatment and
death. She had compiled a dossier which she took to
solicitors in a bid to fight for the truth.
"This was never about money," Ms Mullany said.
"I wanted the truth out there.

"Antoinette was my youngest daughter, she was absolutely


beautiful and so intelligent. She was let down by the
system, wrongly diagnosed, which led to delays," she said.
Mrs Mullany's legal representative said that the HSE
admitted liability but raised the issue that the case was
statute barred, the case was settled through mediation. A
spokesperson for the HSE said that they do not comment
on individual cases. Ms Mullany and Antoinette's father
Michael wanted to highlight the case to show that the
cervical smear tests scandal is not an isolated incident.
"If you feel something isn't right, get checked and if you
don't feel that's right, get a second opinion."
Why in Government for over seven years have three @FineGael health ministers failed women
when THEY warned of the #CervicalCheckScandalto come?


Someone should be charged with manslaughter 17 deaths and sadly more to follow.

Yes i agree it is manslaughter, I've got the same issue, against the medical Council, which is also
manslaughter, in both of my parents case, and Simon Harris has on several occasions refused to see me.
And minister of mental health John Daly had refused to do anything about this. My mother was given
ect treatment, against her will, without consent, by unqualified doctors, and consultant, and clinical
doctor. Without a referral letter from her own gp. And the chief executive of medical council Ireland, is
covering up for this, along with minister Harris and Daly.
Ive taken consultants to the Gardai and they have opened a full criminal investigation with
appointment of the state pathologists Dr Marie Cassidy, into the death of my Dad whereby we
called the Gardai to the hospital bedside when our Dad passed away, this lady should
definitely have a criminal investigation opened.

Our Dad Michael Daly passed away 7th April 2010, his death was
untimely, we called the Gardai to the hospital when our Dad
passed away and asked for an autopsy and an inquest into his
death as we had become suspicious about the care he did and
did not receive.
Because of the testimonials of others, Limerick Coroner at Inquest
had to call a verdict of natural causes due to being given
misleading information as we now know.
We disagreed with this verdict and I set about investigating our
Dad's death and after 4yrs I compiled an overview of what I say
happened our Dad which was no where near the offical cause of
death we had been given, this was backed by international
experts and upon receipt of their reports, I contacted the Coroner
of Limerick and after receiving some documents from university
hospital Limerick that was not available to us at the 1st Inquest
That I showed the coroner he agreed to a 2nd fresh new Inquest,
which is pending and will commence after the Gardai case is
finished.
Subsequently I made a detailed complaint to An Gardai
Siochanna and after a year with them they decided to open an
investigation into our Dad's death and with senior detectives
assigned to the case with an incident room set up and with the
appointment of the state pathologist Dr. Marie Cassidy, and this
investigation is ongoing and we are very happy with how An
Gardai Siochanna are handling this.
I was also successful in having the HSE appoint a world
renowned Colo Rectal Expert for an external review into the care
provided to our Dad, and I also made a complaint to the irish
Medical Council of Ireland in 2013, they took 3 years to
investigate and decided in Oct 2016 to bring this case to a full
fitness to practice inquiry on grounds of poor professional
performance the case being sufficiently serious.
From October 2016 to March 2018, preparations were under way
for the inquiry, with myself being prepped as a main witness,
suddenly in March I received an email asking me to come to
Dublin and without getting into explanations for legal reasons, I
was told that the inquiry was being struck out.
Our family do not accept the reason given and neither does many
other Professionals on this case.
We find it extraordinary that a complaint (about a consultant
surgeon) that has been with the Medical Council of Ireland for
5yrs now and after being sent forward to a fitness to practice
inquiry can be struck out at the 11th hour so to speak, especially
considering that the Medical Council of Ireland knows that there is
a criminal investigation ongoing by An Gardai Siochanna and a
2nd new Inquest ordered by Limerick Coroner John McNamara,
and also an external review by the HSE with appointment of a
world renowned Colo Rectal Expert, and that the Medical Council
of Ireland is about to strike out this case on the 12th of April 2018.
If they do strike out the case, we will go to the high court for a
judical review of their decision and hopefully we will have that
decision overturned and that the inquiry will go ahead.
I have been given a last opportunity to write to the fitness to
practice committee before they rule on a strike out, I have sent
contradictory evidence to them about what this offending doctor
has said in his statement to them, there is even a colleague of this
offending doctor who has given contradictory evidence against
this doctor, and if they do not go to a fitness to practice inquiry
considering all the evidence and facts before them, and with
consideration given that this man died in a hospital and that the
Gardai are involved and with a 2nd inquest ordered, it beggers
belief that the Medical Council of Ireland has decided to strike out
this case.
We have now decided to go public on this decision of the Medical
Council of Ireland and attend their headquarters in Dublin on the
morning of the 12th of April 2018 the day they meet to discuss
striking out the case, to peacefully protest at any decision to strike
out this case.
There should not be a strike out of this case.
Please share this post in solidarity with us in getting justice for our
Dad.
PLEASE SIGN THE PETITION
https://www.change.org/p/ceo-of-the-irish-medical-council-o…
Thank you very much, Mike Daly.
Share this post and the #tags to fb & Twitter
#justiceforMichaelDaly
#afairhearingforasaddeath
Minister slams HSE memo on
cervical cancer scandal as
'disgusting'

the HSE detailed in a memo on the cervical cancer scandal are "disgusting", according to Minister

Regina Doherty.

The Jobs and Social Protection Minister slammed the actions of those behind a memo written in 2016

that was released to the public yesterday.

It is now nearly two weeks since it emerged that 209 women, who were wrongly given all-clear test

results, were the subject of internal CervicalCheck reviews.

Speaking on RTE Radio One's Morning Ireland, Minister Doherty said it was "very obvious" to her that

those behind the memo had no concern for the 209 misdiagnosed women.

We don't know who made the decision to pause letters [informing patients of
their misdiagnosis]," Minister Doherty said.
"The language in those memos yesterday... I mean I very rarely agree with
Alan Kelly but it's absolutely outrageous.
"For a caring profession, I think the very obvious part for me was the only
thing they cared about was protecting themselves from the potential risk of a
media campaign.
"What they clearly didn't care about was the 209 women who all have cancer,
who are all fighting and struggling to save their lives.

© Provided by Irish Independent HSE chief Tony O’Brien: 'The healthcare


system needs to be differently shaped and sized.' Photo: Tom Burke "It is so
obvious it wasn't in anybody's intention or mind then they were writing these
memos."

Vicky
Phelan calls for 'urgent, prompt and public' investigation
into cervical cancer scandalThe Limerick mum-of-two,
who has terminal cervical cancer, exposed the cervical
smear controversy after she settled her High Court action
against a US laboratory for €2.5m.

She continued; "They were writing these memos to defend and protect themselves... because God

forbid if any women got a letter that she might run to the media, it's disgusting."

The minister said she does not feel she has accountability after the embattled HSE Director General

Tony O'Brien took the decision to step down from his position yesterday.

His decision followed Children's Minister Katherine Zappone publicly calling for him to resign after the

contents of the 2016 memo were revealed.

The Independent minister broke ranks to describe the latest revelations in the CervicalCheck scandal as

a "game-changer".

Minister Doherty said this morning she wouldn't have allowed Tony O'Brien to step down.

"Well, to be very clear and this is only my personal opinion, Tony O'Brien resigning last night doesn't

give me accountability.

"I know, and I heard last night, that [one of the women caught up in the cervical cancer scandal] Emma

Mhic Mhathúna said she got joy, in a weird way I'm very pleased for her, because of the difficult

circumstances that her and her children are in at the moment.

But we don't have accountability, we don't know who made the decision to
pause the letters."
The minister also said Health Minister Simon Harris will be presenting
"practical proposals" today about how to help the affected women and their
families.
© Provided by Irish Independent STRENGTH: Vicky Phelan with her husband
Jim and children Amelia and Darragh. Photo: Fergal Phillips "Today's Cabinet
meeting is very important. It's all about the women affected, and the women
who have passed away.
"The only thing about this is minding the women, which the HSE doesn't seem
to get, which you don't get when you read the language in the memos.
"[Tony O'Brien] made his decison last night so let him off. I wouldn't have let
him off, but I don't get to give my view. Simon Harris is bringing proposals
today, practical proposals, about the treatment, be it experimental drugs,
medical care and childcare."
She added; "The only thing we can do is fix the situation as it is at the
moment.
"Our priority is to mind the 209 women and their families and help them in any
simple way to fight for their lives."

The minister also called for a change-up in the management structure of the
HSE.
Contact
As of yesterday face-to-face contact still had to be made with seven of the
women or relatives.
Seventeen women have died and their next of kin are now being traced.
HSE director Damien McCallion, now installed to oversee the running of the
screening service, said he did not know how many women received a
diagnosis of terminal cancer.
“One lady is in Russia and we’re trying to work through the Russian Embassy
to make contact with her. And there are three people who had multiple
hospitals involved and we’re trying to close those out.”

© Provided by Irish Independent Emma Mhic Mhathúna Most women have


been contacted and meetings have been held or arranged to discuss the audit
and response, said the HSE.
Meanwhile, CervicalCheck said yesterday more than 3,500 women who
contacted the helpline still need a callback.
So far it has returned 5,678 calls “and every effort is being made to ensure
that contact is made as quickly as possible with all those who requested a
callback”.
The HSE is also working to secure the names and details of around 1,500
other women who developed cervical cancer in the past decade who were
registered with the National Cancer Registry but not subject to review by
CervicalCheck.
Meanwhile, the organisation representing Irish staff involved in the reading of
smear tests said yesterday that when Irish labs tendered to do the
CervicalCheck work in 2008 they scored highly in all areas except cost.
The work went to Quest Diagnostics in Texas. Half the smears are now read
in the United States and the rest in Dublin labs.
The accuracy of HPV testing is significantly higher than
liquid based cytology testing, which is the testing used
now, and is expected to result in fewer women receiving a
false negative result. The minister said the testing for the
HPV virus will be a more appropriate strategy for the
cohort of women who have received vaccination against
HPV. (The HPV vaccine prevents 7 out of 10 cervical
cancers and is
http://uk.pressfrom.com/news/world/ireland/-257176-minister-slams-hse-memo-on-
cervical-cancer-scandal-as-disgusting/

FDA Briefing Document

January 24-25, 2018


Meeting of the Tobacco Products Scientific Advisory
Committee (TPSAC)
https://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/Tobac
coProductsScientificAdvisoryCommittee/UCM593109.pdf

Manual Handling in the Irish Construction Industry: Summary Report,


(ERG/09/21)

http://www.hsa.ie/eng/Publications_and_Forms/Publications/Construction/Manual_Handli
ng_in_the_Irish_Construction_Industry_-_Summary_Report.pdf
Spinning Science & Silencing Scientists:
A Case Study in How the Chemical Industry Attempts to
Influence Science
https://usrtk.org/wp-content/uploads/2018/02/REVISED-FINAL-Minority-Staff-Report-on-
Glyphosate-2.6.2018.pdf
The judgment, by the high Court, Mr justice Kelly president of the High Court, delivered on the 8th
day of May, 2018. Between the medical Council in Ireland, and Dr Arjan bhatia. Tells a lot about the
how our health services, are incorrect in supplying, A legal responsibility to ensure that patients are
fully aware of the issues, about unqualified doctors, consultants clinical directors.

And also unqualified doctors working in biochemistry labs, for the mental health services.
Unfortunately this is happening in our mental health services at the present moment.

There is a unqualified psychiatrist, who is unqualified consultant. Working with the mental health
commission, on tribunal panell so let's hope you don't get this doctor, if anyone has to be assessed by
one of these panel's.
They found out she was dead
so just filed it away': Daughter
of woman who died in cervical
smear scandal
Grace Rattigan spoke to RTÉ’s Ray D’Arcy about the death of her
mother Catherine Reck.
May 18

THE DAUGHTER OF a woman who died after receiving a


delayed diagnosis of cervical cancer has spoken of finding
out that her mother was one of now 18 women who have
died following a misdiagnosis.
Grace Rattigan spoke to RTÉ’s Ray D’Arcy about the death
of her mother Catherine Reck, who died in 2012 after being
diagnosed with terminal cancer.
Grace had described how her mother had a routine smear
test in November 2010. Catherine’s results said that she had
low-grade abnormalities and was told she’d have to come
back in six months for a retest.
However, after this she began to suffer from irregular
bleeding and presented to the GP in April 2011, and it wasn’t
until August of that year after a colposcopy was performed
that she was diagnosed with stage three cervical cancer.
Grace said in a widely shared Facebook post on Friday that
her family had been informed that her mother was one the
then 17 women caught up in the CervicalCheck scandal who
has died.
The stories of the women affected by the incorrect smear
test results have continued to emerge over the past few
weeks, since Vicky Phelan’s successful High Court case over
her missed diagnosis.
Both Phelan and Emma Mhic Mhathúna have told the
harrowing stories of being diagnosed with terminal cancer,
and the scandal has caused the government to set up an
independent inquiry into how this happened and resulted in
the resignation of HSE director general Tony O’Brien last
week.
This evening the HSE confirmed that the number of women
affected by the CervicalCheck have died.
Speaking today Grace Rattigan spoke about finding out that
her mother was one of the 18 women caught up in the
scandal.
“We had assumed we were one of the 17 but we weren’t
100% sure,” she said, when news of Vicky Phelan’s case
broke.
They contacted Tallaght Hospital to arrange a meeting
where they were informed last week that Catherine was one
of the people who had been given a misdiagnosis.
“So what actually happened was my mam had a smear in
November 2010, it was reported as low grade abnormalities,
she was told to wait six months,” she said.
What actually should have happened was it should have
been reported correctly as high grade abnormalities that
needed immediate referral and she should have been seen
no later than January 2011.
The information had been discovered in 2016, but the family
wasn’t informed.
“They found out she was dead so just filed it away,” she said.
In her Facebook post on Friday, Grace said she and her
family were “numb” after the news.
“We are numb, we are angry; we have been brought back to
the start of a long and difficult grieving process. This
changes everything, all of the “what if’s” suddenly feel
different,” she said.
http://www.thejournal.ie/cervical-cancer-4012688-May2018/?utm_source=facebook_short

#CervicalCheck Vigil — at GPO Dublin


22 hrs ·

A large crowd gathered this evening at the GPO calling for


Accountability in the HSE and The Government. The response to
date on the emerging scandal has been disgusting as 18 women
have lost their lives through negligence and those responsible and
not been made accountable for their Actions.
The crowds called for Leo Varadkar T.D. and Simon Harris TD as
they have major questions to answer on this scandal. What did
they know ? When did they know about it ? And why did it take so
long for them to act ?
To many people in certain positions have put their public profile
ahead of the needs of those affected by this travesty.
It is time for those responsible to stand up and take responsibility
for their actions .
Last Night I attended a vigil outside the GPO for the #CervicalCheck Vigil, A large crowd gathered but we
need everyone to come out and stand in support.
This affects every woman and man who have had cancer checks as we will never find out how many
actually have died because of the incompetence of the Government , HSE and the Lab that done the
tests. Please come to the GPO next Monday at 5.30 bring your family, neighbours and everyone you
can get.
REMEMBER THESE ARE OUR LIVES THAT THEY HAVE PUT AT RISK. MAKE THEM
ACCOUNTABLE.
I'll write up a speech to try attract anyone passing to join our group and a few words
about the government and what they HAVE to do for Vicky and Emma and Roar it!!!
I think we should be proud of yesterday. I think next time we March from G.P.O to
government building Or start there - regardless if closed. We are on their doorstep,
that is good enough for me.
Manage
My speech has already some changes. This is the added version.
This is my speech at the Cervical Cancer Protest March this coming Monday. I'll work on
it a bit more, may add a couple of lines or change a couple, but this is the 1st rough.
If you want to see the current government refurbished we have to go out and fight - Unite
together!
The people of 1916 fought for us we have to fight for them!
We March for Vicky and Emma.
How many more voices are silenced by your corrupt and evil twisted sneaky ways. HOW
MANY MORE DO WE NOT YET KNOW ABOUT
We voted you government in - We can drag you out. They need to be forced out taking
no pension or benefits with them, they scrape their way back from the ground up. They
don't own us! IRISH GOVERNMENT OUT. WHEN DO WE WANT IT - NOW.
Leo Varadkar, No excuse! You were the minister of health at the time. Simon Harris You
need to speak to Emma, you owe her answers. Her death is on your bloody hands.

Many people have asked me lately if the Current Cervical Cancer Situation had anything to do with my
Mam. Unfortunately it has, My Mam is one of the 17 Women who have died.

And as a family we are releasing the following:

We cannot believe we are writing this. We cannot believe that this is happening to us.
Vicky Phelan, Irene Teap, and Emma Mhic Mhathúna all women you have heard about since this fiasco began.
You can now add Catherine Reck to that list. Catherine had a routine smear test in November 2010. The results
given to her were low grade abnormalities. (Pre-cancerous cells) and she was told to wait 6 months and return for
retest which is the normal procedure when low grade pre-cancerous abnormalities are detected. However she
began having irregular bleeding shortly after this test. When the bleeding got increasingly worse she presented to a
GP In April 2011.

That GP then wrote to Cervical Check in Tallaght Hospital to say Catherine needed to be seen. The GP informed
us at the time that they marked Catherine’s case as “urgent”. We found out that they had never marked Catherine’s
case as urgent. A member of our Family who works in Tallaght Hospital went to the Colposcopy Clinic to see why
Catherine’s “urgent” referral had not been addressed. Following this, Catherine was called for a colposcopy in
Tallaght on the 11th of August 2011. She was told there and then that they were highly confident it was Cervical
Cancer and would do a Biopsy which confirmed Catherine had Stage 3 Cervical Cancer and so our nightmare
began.
As many already know, Catherine and her family (us) faced 8 harrowing months and she passed away on April
13th 2012 aged 48.

The audit of cervical tests has uncovered that the smear Catherine received in November 2010 was incorrectly
reported. It was not low grade abnormalities, it was infact exceedingly high grade Abnormalities and needed
immediate attention.. We have now been informed that had this been reported correctly the colposcopy would have
been requested immediately and would have been conducted no later than January 2011. Conversly, as a result of
this discrepancy, the colposcopy was not carried out until August 2011. 7 months later, meaning treatment didn’t
begin until October 2011. Almost a year after the incorrect smear test result was received. Things could have been
very different for all of us right now. That is what we are trying to process, we feel as though we are starting our
grieving process all over again. It feels like a wound has been ripped open, the sadness and anger is palpable.

The Doctor we sat in front of this week in Tallaght Hospital was the same Doctor who originally diagnosed
Catherine. We were invited to a suite 8 of the Hospital, the Cervical Check suite. We had hoped for a private
room, totally detached from the area which holds so much pain and sadness for us. We were not that lucky. The
first staff member we encountered had no idea why we were there and met us with suspicion and condescension.
We stood in a hallway with blank faces observing the staff scramble to figure out why we were there. They then
realised and spent the next few moments scrambling to find a “free room” for us to meet the Doctor. The Doctor
arrived and we were led into an examination room. A colposcopy examination room with an examination bed and
stirrups sitting in the room with us. It’s quite possible this is the exact room Catherine received her examination
and diagnosis in.

The Doctor sat in front of us and informed us that they were made aware of the discrepancies in Catherine’s smear
test result in 2016. The Doctor stated that they had followed instruction on a letter from Cervical Check.

The instructions read:

“In the cases where a woman has died, simply ensure the result is recorded in the woman’s Notes”

They chose not to inform us.There was in fact a hand written note scribbled by the Doctor on the letter. The note
read: “Find out if the patient is Alive or Not ” that’s how much regard the Doctor gave the situation. You can
imagine how it felt to sit opposite the Doctor and hear from their own mouth that they chose to not tell us.

Even the manner of how we were notified was questionable. When this issue began to come into the media,
Catherine’s next of kin and husband (Paul) phoned Cervical Check to ask if our family where affected. He has
since got several automated texts addressing him as if he was a woman concerned about their own smear results,
not the widow of one of the women. The Doctor then phoned Paul last Friday night at 19.00 to tell him we were
affected no other real detail and arranged for us to come in. Being left the entirety of a bank holiday to mull over
the minimal information and not be able to do anything until the following Tuesday .

We are numb, we are angry; we have been brought back to the start of a long and difficult grieving process. This
changes everything, all of the “what if’s” suddenly feel different. We spent the last six years accepting that we
were dealt a shitty hand, that bad things happen and unfortunately it happened to us. To learn this could have
potentially been avoided, it now feels like Catherine’s life and her positive impact on our lives was stolen. Every
milestone we have passed without her through cloudy eyes and heavy hearts now feel like an extension of this
sense of being “robbed”. We are ready to fight this. We are not calling for heads to roll. We won’t be causing
undue panic or concern on the system. We want answers for Catherine, her family (us) and the other women and
families who have been failed. We want accountability. Above all else we want change. We never want this to
happen to any woman or her family in this Country again.

They don't know d meaning of accountability They know d meaning of curruption for sure
They certainly knew about d cervical testing n kept quite for years dissolve d government now
women s life s matter

US lab involved in cervical cancer


smear tests scandal threatened legal
action against HSE
Wednesday, May 16, 2018
Fiachra Ó Cionnaith and Elaine Loughlin

One of the US laboratories involved in the cervical cancer


smear tests scandal threatened to take legal action against
health service officials if they told doctors about what
happened.
US lab involved in cervical cancer
smear tests threat was revealed in more than 122
pages of Department of Health files released by the
Government last night which show senior department
officials were fully aware of the scandal two years ago.
According to the documents on April 27, 2016, officials from
the HSE’s health and wellbeing division held a meeting with
the Department of Health at Hawkins House.
In a memo to the meeting, which was attended by eight
senior department officials including chief medical officer
Dr Tony Holohan, and four more senior HSE officials, HSE
national director for health and wellbeing Dr Stephanie
O’Keeffe said some “key stakeholders” had “reacted
adversely to the programme communicating review findings
to clinicians”.
And in a clear warning, she said at least one of the US
laboratories had threatened legal action against the State if
it told doctors of what was happening.

One of the contracted cytology laboratory providers has via


legal representation alleged a breach of contract to
challenge the right of the programme to communicate
review outcomes to treating clinicians.
“Another contracted laboratory provider has expressed
serious concerns, though not by legal representation, to
programme management about the same matter,” Dr
O’Keeffe wrote.
“The cytology laboratory in question has invoked the
dispute resolution procedure in the contract and numerous
legal letters have been sent by the solicitors.”
The legal threat came as HSE officials were also noting the
fact neither of the US laboratories had at that stage sought
to renew their contracts to review tests for the HSE, which
were due to run out on July 31, 2016.
It was noted in the same memo that if no agreement was
reached, a tender process could take up to two years —
severely delaying smear test services.
A document from a July 2016 meeting between the
department and the HSE said officials were told 86 letters
had “been issued to treating clinicians” and “a further 200
letters will issue during July-August 2016 where cytology
was reviewed”.
The same document said officials should prepare for
negative media coverage as “given the volume of letters
that will issue over the coming weeks, it is possible that
individual cases would appear in the public domain”.
The tranche of documents released last night also outlined
a series of other previously unknown issues in the scandal,
including that:
- Senior Department of Health officials including Dr
Holohan knew far more about the situation two years ago
than previously claimed, due to a series of meetings
between March and September 2016;
- 128 women developed cervical cancer within three years
of being told there was no sign of the condition in their
smear tests;
- Doctors with concerns over the HSE’s communications
plan for the scandal should contact a PO box in Limerick
instead of tell their patients themselves.
While the documents prove the department was aware of
the scandal in 2016, Taoiseach Leo Varadkar said last night
they do not show he was aware of what was happening — a
claim Fianna Fáil TD Marc MacSharry last night responded
to by saying to the Taoiseach and health Minister Simon
Harris: “I simply don’t believe you”.
Meanwhile, Mr Harris said last night it is “abundantly clear”
the scandal has “raised very great issues of trust” in the HSE
and that he will push for the speedy introduction of
mandatory open disclosure.
https://www.irishexaminer.com/ireland/us-lab-involved-in-
cervical-cancer-smear-tests-scandal-threatened-legal-
action-against-hse-470731.html

CervicalCheck Clinical Audit Submissions Overview


180515
https://health.gov.ie/wp-
content/uploads/2018/05/180515_CervicalCheck-Clinical-
Audit-Submissions-Overview-1.pdf
Cervical Check Departmental 2016 Documents
https://health.gov.ie/wp-
content/uploads/2018/05/180515_CervicalCehck_Departme
ntal-2016-Documents.pdf

Tánaiste: Govt cannot stop Oireachtas


committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018 -

Tánaiste Simon Coveney has said the Government cannot


order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.

Mr Coveney said any attempts by ministers to freeze


Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.

However, despite the need to give the official scoping


review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.
"Well I think first of all Oireachtas committees need to be
given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.
"But, because there are multiple conversations going on,
he's suggesting this is too much of a distraction," Mr
Coveney said.

Asked if committees are "show-boating" by bringing in


officials for public questioning while an independent
scoping review is taking place in the background, the
Tánaiste added: "I think committees do need to make
responsible decisions here, but I think it would be
appropriate for committees to make their own decisions on
that rather than a minister telling them what to do.

"Generally, that has the opposite effect, judging by


experience with Oireachtas committees.

"I totally respect the need for Oireachtas committees to also


have a role here, but what people want most now is full
accountability. I believe Gabriel Scally is probably best
placed to do that outside the heat of the political
discussions that have been happening."

The decision by the Dáil's cross-party public accounts


committee and health committee to invite cervical cancer
victims and officials linked to the scandal has led to key
information being uncovered.

However, it has also led to disputed claims politicians are


interfering in an independent scoping exercise into the
same scandal.

https://www.irishexaminer.com/breakingnews/ireland/tanaiste-govt-cannot-stop-
oireachtas-committees-investigating-cervicalcheck-scandal-843247.html
Disgraceful, god only knows what else is being kept quiet and swept under the carpet.
11th May

‘No hiding place’ in search for


truth over cervical smear test
scandal
Press Association 2017
Minister for Employment Affairs and Social Protection
Regina Doherty, Taoiseach Leo Varadkar, Minister for
Health Simon Harris and Minister with Special
responsibility for Disability, Finian McGrath, during a
press conference at government buildings in Dublin

Ireland’s health minister has warned officials there will be no hiding


place in the quest to find the truth around a deepening cervical smear
test controversy.

Simon Harris said recent revelations that 209 cancer patients had
previously received wrongly-interpreted all-clear smear results had
devastated the country.

Ahead of a special cabinet meeting in Dublin to address a crisis that has


already seen the boss of Ireland’s health service resign, Mr Harris said:
“I want to assure the public that I am equally furious about what is
emerging and there will be nowhere to hide, there will be accountability.”

Earlier this month it emerged that an audit by the


CervicalCheck screening programme of 1,482 women
diagnosed with cervical cancer since 2008 had found
potential errors in earlier smear tests in 209 of the
cases – with results showing no abnormalities when
they should have flagged a cancer warning.

Regina Doherty condemned the handling of the matter as


“disgraceful” (Lorraine O’Sullivan/PA)
The fact the majority of the patients were not initially
told of the outcome of the audit has prompted a wave
of public anger. Of the 209 women, 17 have since
died.
The controversy was triggered by the case of Vicky
Phelan, a terminally ill mother whose legal battle cast
light on the issue.
Last month, Ms Phelan, a 43-year-old mother-of-two
from Co Limerick, settled a High Court action for 2.5
million euro after being incorrectly told in 2011 that her
smear test had given a negative result for cancer.
In 2014, she was diagnosed with cancer but only told
of the false negative last September.
Others impacted have also come forward to tell
powerful stories.
Emma Mhic Mhathuna, 37, from Co Kerry, revealed on
Thursday that she had now been diagnosed with
terminal cancer, five years after being told her smear
tests were normal.
Stephen Teap, from Co Cork, has expressed his anger
that his wife Irene died without ever knowing that her
smear tests had been wrongly interpreted.

“I think the whole country is devastated, shocked,


upset and hurt,” said Mr Harris.
“People like Emma and Vicky, people like Stephen
Teap and others who have told their story, they really
have touched a nerve with all of us.
“But what they need is not platitudes, they need
actions, and I am determined we are going to deliver
those actions.”
“The Cabinet is holding a special meeting at
Government Buildings in Dublin on Friday to agree a
package of measures, such as drug and treatment
costs, to support those affected by the errors.”
Mr Harris promised a package of measures (Lorraine
O’Sullivan/PA)
It comes hours after Health Service Executive (HSE)
director general Tony O’Brien quit.
Mr Harris said the Government needed to demonstrate
that it cared about the impacted women and the next of
kin of those patients who have since died.
There are 10 legal challenges similar to Ms Phelan’s in
the pipeline. Mr Harris said he would take steps to
ensure those women would not have to go to court to
get answers.
“I don’t want any of them to go to court,” he said.
The minister said he would appoint a new director
general of the HSE later on Friday and also move next
week to introduce more accountability within the
organisation.
“There is no place to hide here, all of the facts need to
be established and all of the facts will be established,”
he said.
“There will be and must accountability and answers
here for the women of Ireland and I am absolutely
determined in relation to that.”
Mr O’Brien resigned hours after it emerged that an
internal HSE briefing note that flagged potential errors
in screening tests in 2016 stressed the need for a
media strategy to respond to stories of women whose
cancer diagnosis was missed.
The memo to HSE bosses from Ireland’s National
Screening Service (NSS) also advised a “pause” in the
process of communicating to clinicians the findings of
the audit of smear test results belonging to women
who were subsequently diagnosed with cancer.

Mr Varadkar watches as Mr Harris speaks at a press


conference (Lorraine O’Sullivan/PA)
The HSE forwarded three 2016 memos to the Irish
parliament’s Public Accounts Committee on Thursday
as members probed the growing controversy around
the misinterpreted smear tests.
Earlier on Friday, Regina Doherty, Ireland’s Minister for
Employment Affairs and Social Protection, branded the
language in the notes “absolutely outrageous” and
“disgusting”.

She said the controversy marked a watershed moment


for the management of the HSE.
“The management of the services in this country, you
would be hard pushed to find anybody who says they
have trust or confidence in them,” she told RTE.
“And that needs to change, and we need to change
that as a government right now on behalf of the Irish
people.”

Mr Varadkar previously served as health minister


(Lorraine O’Sullivan/PA)
Taoiseach Leo Varadkar was health minister when the
first memo was sent to HSE chiefs.
The Department of Health confirmed on Thursday night
that the memos were shared with the department.
However, a spokesman said they were only relayed to
certain officials and none were brought to the attention
of any serving health minister.
Micheal Martin, the leader of main opposition party
Fianna Fail, said the response to the crisis had been
“shocking”. The Fine Gael-led government relies on a
confidence and supply agreement with Fianna Fail to
stay in power.

Health Service Executive chief Tony O’Brien has stepped


down amid the deepening controversy (Niall Carson/PA)
When pressed whether his party was now prepared to
withdraw that support, Mr Martin said there was a need
to establish the facts first.
“We need to find out the truth,” he told RTE.
“I am not going to make judgment calls without the
truth, I think that’s a very basic requirement and
accountability, yes, but we need to know the truth.”
He added: “The response to the crisis has been
shocking in my view, it has been very badly managed.”
UK health expert Dr Gabriel Scally has been
commissioned by the Irish government to lead an
inquiry into the misinterpretation of the cancer tests.
A planned away day Cabinet meeting that had been
scheduled for Friday has been postponed.
The Cabinet is instead meeting in Dublin as Mr
Varadkar and Mr Harris continue to deal with the
controversy.
http://www.eveningtimes.co.uk/news/16219981.___No_hidin
g_place____in_search_for_truth_over_cervical_smear_test_sca
ndal/
Dr. Tony Holohan, Chief Medical Officer, Deptartment of
Health Statement by Tony Holohan on CervicalCheck
controversy and processes surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-dr-tony-holohan-chief-medical-
officer-deptartment-of-health_en.pdf

The HPV vaccine protects girls from developing cervical cancer ... the Minister for
Health to reporton the ... Minister for Health (Deputy Simon Harris):

https://data.oireachtas.ie/ie/oireachtas/debateRecord/dail/2
016-07-12/debate/mul@/main.pdf
Opening statement, Jim Breslin, Secretary General, Department of Health
Statement by Jim Breslin on CervicalCheck controversy and processes surrounding open
disclosure

https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-jim-breslin-secretary-general-
department-of-health_en.pdf
John Connaghan, Interim Director General, Health Service Executive (HSE)
Statement by John Connaghan on CervicalCheck controversy and processes
surrounding open disclosure
https://data.oireachtas.ie/ie/oireachtas/committee/dail/32/j
oint_committee_on_health/submissions/2018/2018-05-
16_opening-statement-john-connaghan-interim-director-
general-health-service-executive-hse_en.pdf

OPINION : Repeal or Not Repeal .... Be honest, since when did


the State ever gave a shit about women and the well being of
women ? They couldn't even grant the brave female volunteers
who fought side by side beside their male comrades in the 1916
Easter Rising a pension ... the Magdalene Laundries Scandal ...
the Cervical Cancer Smear Test Scandal ... and a lot more ......
There is something far more sinister behind the 'Referendum' in
my humble opinion ... They are attempting with legal precedent to
'set aside' parts of the 1937 Constitution using an 'Enabling
Clause' ... in effect giving themselves ( The Oireachtas ) the power
to legislate whatever they want ... You might think what you want
about 'Dev's Rag' .... ( The 1937 Constitution ) ... but it's the last
thing left which still gives us a wee bit of protection from these
self-serving pocketicians, gombeens and associated bankster
cronies ... Forget about the actual subject itself ... Vote No ! 
Or do
you suddenly trust the Government ?
In 1933 an 'Enabling Act' ( In German 'Ermaechtigungsgesetz' )
set aside the Weimar Constitution in Germany and brought Hitler
into power ... Our Blue Shirts learned well from the Nazis ... The
whole thing could be straight out of Joseph Goebbels's textbook
... Think about it ... Where is the full text of that 'Enabling Clause'
as announced by the Attorney General 2 months ago ... Has
anybody seen it ?
If someone has please send me a link to it via pm or as a
comment under this posting. I couldn't find it and would love to
have a look at it ... WITH A FINE TOOTH COMB & THE LEGAL
DICTIONARY !
The real point behind this referendum, is that it will lead to further erosion of the
Constitution...

Full text of Attorney


General’s advice on repeal of
Eighth Amendment
Attorney General says Eighth Amendment should be
replaced if it is repealed

The Attorney General Séamus Woulfe has advised the Government the
legally safer option would be to insert an enabling provision in the Constitution
if the Eighth Amendment is repealed.

Tue, Jan 30, 2018, 18:12


Information note on legal advice received on
options for a Referendum on Article 40.3.3 of
the Constitution
1. The Department of Health has prepared this
information note in order to explain the legal reasons that
have informed the approach to the amendment of the
Constitution that has been adopted. We hope that this
helps to inform discussion on these issues.
2. The Report of the Citizens’ Assembly recommended,
inter alia, that Article 40.3.3 of the Constitution should be
repealed and replaced with an Article which explicitly
authorises the Oireachtas to legislate to address
termination of pregnancy.
3. The Report of the Joint Committee on the Eighth
Amendment of the Constitution recommended, inter alia,
that Article 40.3.3 of the Constitution “be repealed
simpliciter”.
4. Against this background the Minister for Health sought
the advice of the Attorney General on the potential legal
and constitutional implications of a repeal simpliciter of
Article 40.3.3 of the Constitution.
5. The Attorney General advised that there is no absolute
certainty about the post-repeal landscape of rights. If
Article 40.3.3 were repealed simpliciter, it might
subsequently be argued before the Courts that the unborn
have residual rights arising under other Articles of the
Constitution that could continue to restrict the power of
the Oireachtas to legislate on the issue.
6. To mitigate the uncertainty that might arise in such
circumstances, it was advised that consideration should be
given to inserting wording into the Constitution that
expressly affirms the right of the Oireachtas to legislate for
the regulation of termination of pregnancy.
7. While Article 15.2 of the Constitution provides generally
that the Oireachtas has the power to make laws for the
State, the legal advice is to the effect that the above
approach would have the advantage of making it clear,
through express words, that the Oireachtas has power to
legislate on the subject of the termination of pregnancy.

Abortion Q&A: What will happen after you vote in the referendum?
Abortion legislation: the really contentious bits
Abortion: The Facts

8. If the amendment is adopted by the People, the


Oireachtas would have an express power to legislate to
regulate termination of pregnancy as it considers
appropriate, in the same way as it legislates in every other
area of policy.
The insertion of the additional wording would bring
greater constitutional certainty to the primary authority of
the Oireachtas to make laws in this area, dealing with
controversial social and medical matters.
9. Such an amendment would make it clear that it will be
primarily a legislative function for the Oireachtas to
determine how best to guarantee and balance
proportionately the rights, interests and values that are
engaged, in the interests of the common good.
10. Any such amendment would be fully consistent with,
and maintain, the separation of powers provided for in the
Constitution. It would not oust the judicial review
jurisdiction of the courts as to the validity of any law, or
restrict rights of access to the courts. Legislation enacted
post-amendment would remain subject to review by the
courts like any other legislation.
11. While no approach can be completely free from the risk
of legal challenge, the Attorney General advises that the
approach recommended above is likely to be a legally safer
option than a simple repeal.
12. Such an enabling provision is not without precedent.
The Constitution, in a number of places, expressly restates
that the Oireachtas has power to make certain laws in
particular contexts. Examples include:
• Article 42A on children’s rights - see, for example, Article
42A.4.2 which provides that provision shall be made by
law for ascertaining the views of children and giving them
due weight in the context of certain legal proceedings.
• Article 40.6.1, which, inter alia, provides that provision
may be made by law to prevent or control certain kinds of
public meetings

Article 10.3, which provides that provision may be made


by law for the management of certain property belonging
to the State.
13. The above advice of the Attorney General informed the
approach of the Minister for Health to recommend to the
Cabinet that a referendum on Article 40.3.3 of the
Constitution should be held, asking the People to:
(a) Repeal Article 40.3.3 of the Constitution in full, as
recommended by both the Joint Oireachtas Committee
and the Citizens’ Assembly; and
(b) Insert a new Article into the Constitution to expressly
affirm that laws may be enacted by the Oireachtas
providing for the regulation of termination of pregnancy.
14. The decision of Government on 29th January was to
approve the above recommendations of the Minister for
Health on the approach to be taken to the Referendum.
Department of Health, 30 January 2018

https://www.irishtimes.com/news/politics/full-text-of-
attorney-general-s-advice-on-repeal-of-eighth-amendment-
1.3374141?mode=amp

Unfortunately there is no full real text of the 'Enabling Clause' and that is what I want to see ! I
read that already some time ago on the AG's website ...
Dr Boylan things 38% is 80% and Simon Harris thinks 24 weeks is whole lot different
from 6 months!
George Soros is
Spending Big Bucks to
Try to Legalize Abortion
in Ireland
INTERNATIONAL BILL DONOHUE MAY 14, 2018

In 1983, Ireland passed the Eighth Amendment outlawing


abortion in most cases. Its future will be decided in a May
25 referendum. Activists from both sides have drawn
support from inside and outside the country.

One of the most controversial issues to emerge in this


protracted battle over the abortion law is the funding of
Amnesty International by atheist billionaire George Soros.
Ireland makes it illegal to accept all but a small amount of
money from a foreign donor for political causes. Yet this
hasn’t stopped Soros from giving Amnesty International
$160,964 to fund its “My Body My Rights” campaign; he
has also greased other pro-abortion groups in Ireland.
Last year, the Standards in Public Office Commission
ordered Amnesty International to give back the money to
Soros’ Open Society Institute. It refused and the case is
now before the courts.
Ireland’s Prime Minister, Leo Varadkar, is delighted that
his Health Minister is encouraging voters to legalize
abortion. He also endorses the government siding with
Amnesty International, even though the human rights
entity has received illegal foreign donations. So much for
fidelity to the law.
What has not received the attention it merits is the tortured
logic of Colm O’Gorman, the executive director of
Amnesty International in Ireland.
On the one hand, he calls on the state to “protect foetal
welfare” by ensuring proper healthcare and nutrition for
pregnant woman. On the other hand, he says “there is a
terribly important distinction between protecting foetal
interests and conferring a right to life on the foetus.”
Interestingly, he never tells us what it is.
What on earth does fetal welfare mean if it doesn’t mean
the right to develop into a full-fledged human person? It
most certainly will, provided its maturation is not
interrupted. Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn while
defending abortion—is shared by virtually all of his Irish
supporters. Consider the language of the Eighth
Amendment: “The State acknowledges the right to life of
the unborn and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect, and, as
far as practicable, by its laws to defend and vindicate that
right.”
SUPPORT PRO-LIFE NEWS! Please help LifeNews.com
with a donation to share the pro-life message
Are those who disagree with this statement prepared to
say that “the life of the unborn” is a fiction, and that there
was scientific evidence available in 1983 to validate that
claim? If so, we would like to see it.
Are they prepared to argue that there is some new
biological evidence indicating that life begins at birth? If
so, we would all like to see it. If not, then they would be
voting to deliberately end the life of an innocent human
being.
The Irish people have a grand opportunity to affirm that life
begins at conception, and that they will not listen to the
likes of Amnesty International, and its shady benefactor,
George Soros.
LifeNews Note: Bill Donohue is the president of the
Catholic League for Religious and Civil Rights.

PRO-ABORTION ELITES
ACTIVE IN IRELAND
Catholic League president Bill Donohue
comments on the upcoming referendum on
abortion in Ireland:
In 1983, Ireland passed the Eighth Amendment
outlawing abortion in most cases. Its future will
be decided in a May 25 referendum. Activists
from both sides have drawn support from inside
and outside the country.
One of the most controversial issues to emerge
in this protracted battle over the abortion law is
the funding of Amnesty International by atheist
billionaire George Soros.
Ireland makes it illegal to accept all but a small
amount of money from a foreign donor for
political causes. Yet this hasn’t stopped Soros
from giving Amnesty International $160,964 to
fund its “My Body My Rights” campaign; he has
also greased other pro-abortion groups in
Ireland. Last year, the Standards in Public Office
Commission ordered Amnesty International to
give back the money to Soros’ Open Society
Institute. It refused and the case is now before
the courts.
Ireland’s Prime Minister, Leo Varadkar, is
delighted that his Health Minister is
encouraging voters to legalize abortion. He also
endorses the government siding with Amnesty
International, even though the human rights
entity has received illegal foreign donations. So
much for fidelity to the law.
What has not received the attention it merits is
the tortured logic of Colm O’Gorman, the
executive director of Amnesty International in
Ireland.
On the one hand, he calls on the state to
“protect foetal welfare” by ensuring proper
healthcare and nutrition for pregnant woman.
On the other hand, he says “there is a terribly
important distinction between protecting foetal
interests and conferring a right to life on the
foetus.” Interestingly, he never tells us what it
is.
What on earth does fetal welfare mean if it
doesn’t mean the right to develop into a full-
fledged human person? It most certainly will,
provided its maturation is not interrupted.
Similarly, if the fetus isn’t worthy of the right to
life, why should we worry about its welfare?
The dilemma that O’Gorman is faced with—
acknowledging the humanity of the unborn
while defending abortion—is shared by virtually
all of his Irish supporters. Consider the language
of the Eighth Amendment: “The State
acknowledges the right to life of the unborn
and, with due respect to the equal right to life
of the mother, guarantees in its laws to respect,
and, as far as practicable, by its laws to defend
and vindicate that right.”
Are those who disagree with this statement
prepared to say that “the life of the unborn” is a
fiction, and that there was scientific evidence
available in 1983 to validate that claim? If so,
we would like to see it.
Are they prepared to argue that there is some
new biological evidence indicating that life
begins at birth? If so, we would all like to see it.
If not, then they would be voting to deliberately
end the life of an innocent human being.
The Irish people have a grand opportunity to
affirm that life begins at conception, and that
they will not listen to the likes of Amnesty
International, and its shady benefactor, George
Soros.

Vicky Phelan among a number of


victims to speak before Oireachtas
Committee on CervicalCheck scandal
Wednesday, May 16, 2018
A number of victims of the CervicalCheck scandal will speak
before an Oireachtas Committee later.

Vicky Phelan and Stephen Teap will give evidence to the


Public Accounts Committee about their stories.

Despite other investigations going on, the Oireachtas Public


Accounts Committee has decided to pursue their own
inquiry into what happened at CervicalCheck.

Today they will hear from the woman without whom we


would know nothing about the scandal, Vicky Phelan, as
well as Stephen Teap, whose late wife got a false negative
reading.
The committee is hoping it will give them a fuller picture as
to what went on before the question HSE and Department
of Health officials on Thursday.

Meanwhile the head of the scoping exercise into


CervicalCheck, Dr Gabriel Scally, has warned the department
he may have issues fulfilling his remit if many of the
witnesses are constantly distracted appearing before
different committees.

Both the Oireachtas Health Committee and the Public


Accounts Committee are due to hear evidence today.
Two of the most high-profile victims of the cervical cancer
tests scandal have called on 35 senior HSE and Department
of Health officials who knew what happened in 2016 to be
removed from power while investigations take place.

Limerick mother Vicky Phelan, who has months to live, and


Cork father Stephen Teap, whose wife Irene died last year,
insisted on the move as they accused officials of a "cover-
up" and demanded an immediate "random" audit of all
Cervical Check tests.

Vicky Phelan and Stephen Teap arriving at Leinster House today.


Photo: Brian Lawless/PA Wire.

Speaking during a specially arranged two-hour meeting of


the Dáil's cross-party public accounts committee, two of the
public faces of the cervical cancer crisis said they want clear
actions to be taken in response to the scandal.

Asked by Labour TD Alan Kelly what specifically this means


after he pointed out 122-pages of documents released on
Tuesday show 35 senior officials knew of the crisis two
years ago, both Ms Phelan and Mr Teap said no one named
in the files should remain in power.

"Yes, 100%," Ms Phelan said when asked if they should be


removed while investigations take place.

"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.

"Clearly they've proven time and again they're incapable of


passing on information. They should be removed, but I
wouldn't be letting them go too far, they still have to
answer questions," he added when asked later if they should
remain by Fine Gael TD Peter Burke.

During the same meeting, Ms Phelan and Mr Teap also told


PAC members they believe there has been an orchestrated
"cover-up" of what happened by HSE and Department of
Health officials, and that a culture of "deny" has overtaken
patient care.

Asked by Sinn Féin TD David Cullinane about the cover-up


claims, Ms Phelan's solicitor Cian O'Carrol said while it is an
"emotive" term, "from the documentation you can clearly
see there was a co-ordinated plan to deny people
information".

Similarly, Mr Teap said "information was clearly withheld"


from both himself, his wife, his family and his family doctor,
and that there is no other explanation as to why.

Ms Phelan and Mr Teap also agreed with Fine Gael TD Kate


O'Connell they want to see a "random" audit of all Cervical
Check smear tests over the past decade set up to find out if
more than the 209 women known so far have been affected.

Asked about the issue by Ms O'Connell, Mr Teap said he has


been "calling for that" to "alleviate the fear of women in
Ireland".

"They are absolutely terrified. When you hear of Irene's


story, two smears missed and a woman dead, the HSE have
duty of care to do that quickly," he said.

The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".

Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:

"If I die, I do not want it to be in vain."


RTÉ Politics
@rtepolitics

BREAKING: @PhelanVicky "If I do die I want it to be not in


vain" She wants sanctions for those who make mistakes
and the HSE to be overhauled "so this will never happen
again."
6:05 PM - May 16, 2018

233

115 people are talking about this
Twitter Ads info and privacy

Vicky Phelan and Stephen Teap accuse


health officials of 'cover-up' in strong
speeches to PAC
Wednesday, May 16, 2018

Update: 7.55pm Two of the most high-profile victims of the


cervical cancer tests scandal have called on 35 senior HSE
and Department of Health officials who knew what
happened in 2016 to be removed from power while
investigations take place, writes Fiachra O'Cionnaith.

Limerick mother Vicky Phelan, who has months to live, and


Cork father Stephen Teap, whose wife Irene died last year,
insisted on the move as they accused officials of a "cover-
up" and demanded an immediate "random" audit of all
Cervical Check tests.
Vicky Phelan and Stephen Teap arriving at Leinster House today.
Photo: Brian Lawless/PA Wire.
Speaking during a specially arranged two-hour meeting of
the Dáil's cross-party public accounts committee, two of the
public faces of the cervical cancer crisis said they want clear
actions to be taken in response to the scandal.

Asked by Labour TD Alan Kelly what specifically this means


after he pointed out 122-pages of documents released on
Tuesday show 35 senior officials knew of the crisis two
years ago, both Ms Phelan and Mr Teap said no one named
in the files should remain in power.
advertisement
"Yes, 100%," Ms Phelan said when asked if they should be
removed while investigations take place.

"In the same way [former HSE director general] Tony O'Brien
is now out of position. It needs to be followed through. If it's
35 people, so be it. They can't remain in positions of power.
It's a scandal, people are dead," said Mr Teap.

"Clearly they've proven time and again they're incapable of


passing on information. They should be removed, but I
wouldn't be letting them go too far, they still have to
answer questions," he added when asked later if they should
remain by Fine Gael TD Peter Burke.

During the same meeting, Ms Phelan and Mr Teap also told


PAC members they believe there has been an orchestrated
"cover-up" of what happened by HSE and Department of
Health officials, and that a culture of "deny" has overtaken
patient care.

Asked by Sinn Féin TD David Cullinane about the cover-up


claims, Ms Phelan's solicitor Cian O'Carrol said while it is an
"emotive" term, "from the documentation you can clearly
see there was a co-ordinated plan to deny people
information".
Similarly, Mr Teap said "information was clearly withheld"
from both himself, his wife, his family and his family doctor,
and that there is no other explanation as to why.

Ms Phelan and Mr Teap also agreed with Fine Gael TD Kate


O'Connell they want to see a "random" audit of all Cervical
Check smear tests over the past decade set up to find out if
more than the 209 women known so far have been affected.

Asked about the issue by Ms O'Connell, Mr Teap said he has


been "calling for that" to "alleviate the fear of women in
Ireland".

"They are absolutely terrified. When you hear of Irene's


story, two smears missed and a woman dead, the HSE have
duty of care to do that quickly," he said.

The PAC meeting heard both cervical cancer victims say that
despite Government and HSE promises, there has been next
to no support services put in place and that they were in
effect told what happened "and then nothing, goodbye".

Ms Phelan said the sole reason she and other victims are
telling their stories is to ensure "accountability, not
revenge", adding:

"If I die, I do not want it to be in vain."


RTÉ Politics
@rtepolitics

BREAKING: @PhelanVicky "If I do die I want it to be not in


vain" She wants sanctions for those who make mistakes
and the HSE to be overhauled "so this will never happen
again."
6:05 PM - May 16, 2018

230

114 people are talking about this
Twitter Ads info and privacy

Update: 5.30pm: Vicky Phelan has told the Public Accounts


Committee (PAC) that she does not want to "die in vain" and
that she wants to ensure that cases like hers never happen
again.

Ms Phelan and Stephen Teap are speaking before a special


sitting of the Committee this evening.
Ms Phelan told the Committee she is not looking for
revenge, but wants rules to be in place within the HSE that
will prevent the same mistakes occurring again.

Ms Phelan, whose case brought the CervicalCheck scandal


to national attention has described in detail the gruelling
medical treatment she has had to undergo for her cervical
cancer.

She also outlined how a 2011 smear test produced a false


negative result.

Stephen Teap, whose wife Irene was one of the 18 women


who have died of cervical cancer not knowing that her
smear tests were incorrect, is also sharing his story this
evening.
Update 12.54pm: In the Dáil, the Minister for Education
Richard Bruton has said it is very clear that there have been
failures over the cervical scandal and the Government is
seeking to resolve them.

Both Fianna Fáil's Micheál Martin and Sinn Féin's Pearse


Doherty challenged Minister Bruton during Leader's
Questions.

Minister Bruton responded to say there will be changes.

He said: "I think it's very clear, and I think everyone accepts
in this house (Dáil) that there have been failures in this
situation and I think it raises issues about the longer term
accountability of the HSE.
"The Minister has signalled that he will be introducing
legislative change to change the oversight mechanisms for
the HSE and the house will have ample opportunity discuss
how we best do that."

He also told the Dáil that it was "appalling" that women


were kept in the dark about the results of their audited
smear tests, writes Elaine Loughlin of the Irish Examiner.

Questions have been raised in the Dáil as to whether the


decision not to introduce mandatory open disclosure was
linked to the CervicalCheck scandal.

Opposition parties have pressed the Government on the fact


that it was decided not to introduce mandatory disclosure
around the same time as letters were being sent out to
doctors informing them of audits that had been carried out
on smear checks relating to their patients.

Documents released this week and last week reveal that the
chief medical medical officer Dr Tony Holohan was aware of
this and received regular updates throughout 2016.

Fianna Fáil leader Micheál Martin has pointed out that there
was a "circumvention" of open disclosure.

"Is there any link between that and the then Minister for
Health Leo Varadkar in not to proceed with his original
commitment to introduce mandatory disclosure?" Mr Martin
asked.

This was echoed by Sinn Féin deputy Dáil leader Pearse


Doherty who said: "As Minister for Health, the Taoiseach
promised to introduce mandatory open disclosure but
following advice from the chief medical officer he changed
his mind, that was the wrong advise and it was the wrong
decision in 2016 and many women affected by the
CervicalCheck scandal are now only being informed of their
misread results."

Minister Bruton said a voluntary disclosure system was


initially introduce to "encourage an cultural change where
people could openly discuss failures where they do occur."

He said: "What we are moving to do in the Patient Safety


Bill is that there will be mandatory disclosure, this will be
legally binding so it will be an offence to fail to do so."

Mr Bruton said said the documents between the HSE and


the Department of Health on the CervicalCheck audits
"categorically" showed that neither the Taoiseach or the
current Minister for Health had any knowledge of non-
disclosure.

"So it cannot be linked to any decision that was made by


either Minister or the Oireachtas.

"There can be no link because no information was made


available to the Ministers concerned," said Mr Bruton.

Meanwhile at the Health committee, Stephanie O'Keeffe,


National Director for Health and Wellbeing, has said the
HSE did not know about non-disclosure.

She said: "None of the usual assurance mechanisms that you


have as a National Director and a senior manager told me
that there was a difficulty between the letters being issued
and the communication to patients."

Earlier: Tánaiste Simon Coveney has said the Government


cannot order Oireachtas committees to stop investigating
the cervical cancer scandal, despite concerns an
independent expert examining the crisis the dual
questioning is distracting witnesses, writes Fiachra Ó
Cionnaith.

Mr Coveney said any attempts by ministers to freeze


Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.

However, despite the need to give the official scoping


review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.

"Well I think first of all Oireachtas committees need to be


given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.

"But, because there are multiple conversations going on,


he's suggesting this is too much of a distraction," Mr
Coveney said.
11.05am: Decision not to tell Minister of CervicalCheck
audit was 'fair and reasonable', Health Committee hears

The Chief Medical Officer in the Department of Health says


it was "fair and reasonable" not to flag news of the
CervicalCheck audit of cancer tests with the Minister in
2016.

Documents have shown the Department was aware of the


audit of false negative smear tests two years ago.

209 women developed cervical cancer after receiving a false


negative in their tests and 18 of them have since died.

Chief Medical Officer with the Department of Health Dr


Tony Holohan told an Oireachtas committee they believed
there was no need to escalate the news in 2016.

Dr Holahan said: "No Minister was advised and the decision


not to escalate was at the time a fair and reasonable
decision based on, at the time, the information available to
the department.

"It was reasonable because the information provided to the


department in briefing notes from the HSE was evidence to
us, and interpreted as ongoing improvements in how the
service was being delivered rather than the identification of
problems that might require escalation."
Chief Medical Officer with the Department of Health Dr Tony
Holohan.
The interim director general of the HSE, John Connaghan,
has acknowledged and apologised for the confusion and
alarm which has been created in relation to the
CervicalCheck Programme as a result of the failure to
communicate with the women affected.

Mr Connaghan said: "This failure has ultimately impacted on


every female in Ireland, their families, their spouses and
their children."

He added that both CervicalCheck and the HSE have failed


by any measure.

"I want to sincerely apologise on behalf of the HSE and


CervicalCheck to the women and their families who have
been directly affected by what has happened and to all the
women of Ireland who have been understandably frightened
and concerned by what they have read and heard," Mr
Connaghan said.
"We must learn lessons from what has happened."

He finished by making four pledges.


The four pledges made by the interim director general of the HSE,
John Connaghan
1. We will move swiftly and with compassion to provide effective
support packages to the women and families who require support.
We will do that with the minimum of fuss and bureaucracy and with
empathy.

2. We will fully openly and transparently co-operate with the Scally


Inquiry, the International Expert Panel Review and any subsequent
inquiries.

3. If there is a requirement to hold individuals to account on a


personal basis we will do so. In that respect the Scally Inquiry and
subsequent inquiries will be important for the independence of their
views and to allow due process and fair procedures to be followed.

4. We will learn lessons from recent weeks not least the ability to say
sorry. Patients need to know what happened, what can be done to
deal with any harm and what will be done to prevent someone else
being harmed.

It was revealed yesterday that Dr Gabriel Scally - who is


leading the scoping inquiry into the controversy - believes
the Oireachtas hearings could impact his work.

He has warned he may have issues fulfilling his remit if


many of the witnesses are constantly distracted appearing
before different committees.

He raised concerns that the 'fevered atmosphere' around the


situation may affect the investigation.

However, Deputy Fleming says the PAC wants answers for


those affected - and says he believes they're going to help
Dr Scally in his work.

He said: "What's happening in the Oireachtas over the last


couple of weeks is bringing information into the public
arena... it's making the HSE and the Department of Health
check their files.

"I think it's important that the public have some assurance
in the near-term as to where [things] stand on this issue.

He added: "Once we have a scoping inquiry, once we have a


commission of investigation... you and I know that's three
years down the road before we got a result from that."

https://www.irishexaminer.com/breakingnews/ireland/vicky-
phelan-and-stephen-teap-accuse-health-officials-of-cover-
up-in-strong-speeches-to-pac-843211.html
Tánaiste: Govt cannot stop Oireachtas
committees investigating
CervicalCheck scandal
Wednesday, May 16, 2018
Tánaiste Simon Coveney has said the Government cannot
order Oireachtas committees to stop investigating the
cervical cancer scandal, despite concerns an independent
expert examining the crisis the dual questioning is
distracting witnesses.
Mr Coveney said any attempts by ministers to freeze
Oireachtas committee investigations into what has
happened could "back-fire" just 24 hours after scoping
review chair Dr Gabriel Scally called for space to allow him
to do his work.

Speaking on The Pat Kenny Show on Newstalk radio, Mr


Coveney said he understood Dr Scally's reasoning for
writing to the Department of Health's secretary general Jim
Breslin asking him to stop committees from questioning
witnesses.

However, despite the need to give the official scoping


review space to examine the situation, Mr Coveney said the
reality is it would be almost impossible for the Government
to block politicians from continuing their work.
"Well I think first of all Oireachtas committees need to be
given an opportunity to respond as they see fit. I think
people would respond negatively if we were to tell them
how to act. They need to make their own judgements here.

"What Dr Gabriel Scally is saying is he wants to go on with


his job, and he needs the full attention of the HSE, the
Department of Health and anyone else.

"But, because there are multiple conversations going on,


he's suggesting this is too much of a distraction," Mr
Coveney said.

Asked if committees are "show-boating" by bringing in


officials for public questioning while an independent
scoping review is taking place in the background, the
Tánaiste added: "I think committees do need to make
responsible decisions here, but I think it would be
appropriate for committees to make their own decisions on
that rather than a minister telling them what to do.

"Generally, that has the opposite effect, judging by


experience with Oireachtas committees.

"I totally respect the need for Oireachtas committees to also


have a role here, but what people want most now is full
accountability. I believe Gabriel Scally is probably best
placed to do that outside the heat of the political
discussions that have been happening."

The decision by the Dáil's cross-party public accounts


committee and health committee to invite cervical cancer
victims and officials linked to the scandal has led to key
information being uncovered.

However, it has also led to disputed claims politicians are


interfering in an independent scoping exercise into the
same scandal.
https://www.irishexaminer.com/breakingnews/ireland/tanais
te-govt-cannot-stop-oireachtas-committees-investigating-
cervicalcheck-scandal-843247.html

Women refused cervical audit results


in 2016
Wednesday, May 16, 2018

By Elaine Loughlin, Fiachra Ó Cionnaith, and Daniel


McConnell
CervicalCheck refused to provide information to two
concerned women who directly contacted the service in
2016, it has been revealed.

The revelation is contained in a tranche of newly released


documents that also show the Department of Health and
HSE officials held regular meetings over the CervicalCheck
scandal throughout 2016.

Serious questions have now been raised as to why the


minister of health was not informed of the controversy if
senior officials in his department were discussing the audits
on a regular basis.

It comes as terminally-ill Vicky Phelan is to speak to the


Dáil Public Accounts Committee today along with Stephen
Teap, whose wife Irene died last year after receiving an
incorrect cervical cancer screening which she was not told
about.

Separately, senior officials from the HSE, the Department of


Health, and CervicalCheck, will be grilled over who knew
what and when they found out as they come before the
Oireachtas Health Committee today.

In a letter to Department of Health chief medical officer


Tony Holohan in October 2016, CervicalCheck admitted it
did not give details of audits to two women diagnosed with
cervical cancer who had asked for their records.

“Two women have directly enquired informally about their


diagnosis and have been informed of the cancer audit
process and that any review findings will be communicated
to their consultant doctors,” the memo read.

Mr Holohan also heard doctors were being told to “use their


judgement” when deciding whether to inform women their
initial smear test results were wrong.

“In cases where the woman has died, simply ensure the
result is recorded in the woman’s notes,” the memo added.

PAC vice-chairman Alan Kelly last night questioned the


medical ethics of adding to a patient’s records after their
death and not informing the next of kin.

This was echoed by the chairman of the Health Committee,


Michael Harty, who is a Clare TD and GP.

“From a data protection point of view, there may be issues


around passing information to the next of kin. From an
ethical point of view, the opposite would be the case. From
an ethical point of view they have a right to know,” he said.

“Open disclosure is a central issue in this, there was a need


for open disclosure.”

Dr Harty added that he would quizzing officials today on


why information was not delivered up the chain of
command to the minister for health.

“The two fundamental issues is first why was this


information not passed up the line, why was it not
recognised that this was a serious issue?” he asked.

He said the second issue relates to whether there were


sufficient quality assurances around the laboratories that
were used to test smear samples.

Mr Kelly also said it seemed “bizarre” that the health


minister would not be informed of the audit given the
intense levels of communications between the department
and HSE on the controversy.

“It makes it quite clear that the department were discussing


the issue and so had full knowledge and so it’s bizarre that
it was also told to the minister of his people,” he said.

Taoiseach Leo Varadkar, who was health minister when the


first of the memos were sent in 2016, said the documents
showed that “none of this was escalated beyond the office
of the CMO and the office of acute hospital services”.

He told the Dáil: “The memos and documents confirm that


no concerns were raised about patient safety, the efficacy
and accuracy of the programme or the accuracy of any
particular laboratories.”

Mr Varadkar added that he could not comprehend the


“absence of any concern or care” by CervicalCheck to the
women who were kept in the dark over smear screening
audits.
https://www.irishexaminer.com/breakingnews/ireland/women-refused-cervical-
audit-results-in-2016-843176.html

CERVICAL CHECKS
Doctors told not to
reveal cervical
check reviews
Jennifer Bray, Katie O’Neill
May 16 2018, 12:01am,
The Times

Emma Mhic Mhathýna spoke at a vigil in Tralee. She is one of the


women wrongly told their smear test results were normal. She now has
terminal cancer
Doctors were told by Cervical Check to consider
whether it would do “more harm than good” to tell
women diagnosed with cervical cancer about
reviews of their original smear tests.
The Department of Health yesterday released a raft
of documents revealing the extent of knowledge it
had in relation to the controversy.
Senior department officials, including the chief
medical officer, were repeatedly updated about
legal issues in relation to the screening programme,
and informing women of audit results.
Cervical Check policy in 2016 said that “as a
general rule of thumb”, women should be informed.
It has emerged that 209 women with cervical cancer
had their original smear test re-analysed. The audits
revealed that those smears should have warranted
further action. Health officials knew as…
Doctors were told by Cervical Check to consider whether it would
do “more harm than good” to tell women diagnosed with cervical
cancer about reviews of their original smear tests.
The Department of Health yesterday released a raft of documents
revealing the extent of knowledge it had in relation to the
controversy.
Who ever told them to keep quiet jail these BASTARDS
It is up to the so called Doctors to ethically carry out their profession. Surely they must stand
up against such evil and immoral practices in deceiving their patients.

Absolutely disgusting, not only the behaviour of that fat pig but the amount she receives in a
pension for been an incompetent asshole!

I wouldn't wipe my ass with Irish Tatler rag


Shes a thunderin fukin disgrace.

Big fat Sow


https://www.thetimes.co.uk/edition/ireland/telling-women-cancer-
test-result-would-do-more-harm-than-good-0tf7s9s26

Utter outrage as Tony O’Brien


steps down but is believed to
keep his enormous €100,000+
salary
May 13, 2018 10:30 James Brennan Irish News

The Director General of the HSE Tony O’Brien finally


announced last night that he’s stepping down from his
position.
It’s understood that Emma Mhic Mhathuna’s revelations
yesterday were the final straw in O’Brien making his decision
to step down from his €192,000 a year job.

It must be noted that there was absolutely no pressure


whatsoever from Minister for Health Simon Harris or
Taoiseach Leo Varadkar for O’Brien to step down.
Harris re-enforced his support for O’Brien numerous times
since the smear test scandal broke.
While just a few weeks ago, the Taoiseach Leo Varadkar
thanked O’Brien in a letter for all the “great work” he was
doing.
The smear test scandal has been building and building and
O’Brien’s position became untenable however it’s believed that
O’Brien will keep his in excess of €100,000 a year pension.
It’s believed that other heads will roll as a result of the scandal,
possibly even Harris or Varadkar in the long run.
Many are querying why Irish feminists have been so silent
over the scandal with no marches or major protests taking
place as they did for the recent #Ibelieveher campaign.
One social media commentator said: “It’s clear that Irish
feminists are more interested in killing Irish babies in the
womb than they are at defending Irish women from O’Brien
and co”.

HSE confirms the number of


deaths from the CervicalCheck
controversy has risen to 18
May 16, 2018 08:00 Christopher O'Brien Irish News

The HSE have confirmed that two more women have been
contacted in wake of the recent CervicalCheck controversy.
In an announcement made on Tuesday, the Health Service
Executive said so far they have contacted 205 women or
families of the 209 women affected by the scandal.

They also revealed that the latest audit shows that in total 18
women died after they were provided with incorrect tests
results.
The latest announcement comes as the heath also confirmed
that in total 7,103 calls have been returned by the
CervicalCheck screening service.

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