The government has announced a new symphysiotomy redress scheme to compensate women who underwent symphysiotomy and pubiotomy procedures between the 1940s and 1980s.
Almost a year after the government´s U-turn on extending the Statute of Limitations for women who had undergone symphysiotomies and pubiotomies during childbirth, a new redress scheme has been announced for the estimated 350 survivors of the procedures.
The new symphysiotomy redress scheme consists of a three-tier compensation package which will pay damages to the survivors depending on the level of injury they sustained:
- Women who can demonstrate that they underwent a symphysiotomy are entitled to recover €50,000.
- Women who suffered significant disability as the result of a symphysiotomy will be able to claim €100,000
- Women who underwent a symphysiotomy after giving birth by Caesarean Section are entitled to €150,000
Former High Court Judge Maureen Harding-Clark has been appointed to assess each claim and, to qualify for the new symphysiotomy redress scheme, victims have to apply before Friday 5th December (In exceptional circumstances, Judge Harding can extend the deadline by a further 20 working days).
Once a claim for symphysiotomy compensation is made, the women have twenty days to accept it; however, under the new symphysiotomy scheme, in order to receive the payment, the claimant must give up any High Court action that is in progress.
Currently there are more than 150 claims for symphysiotomy compensation before the High Court and, according to Marie O’Connor – chairwoman of Survivors of Symphysiotomy group – two dates for High Court hearings have already been fixed.
Ms O´Connor is not happy with the new symphysiotomy redress scheme and claims that the short time limit makes it “impossible for women to seek independent advice and to make a considered decision”. She recommends that the victims of symphysiotomy speak with a solicitor, apply for the maximum amount they entitled to under the redress scheme and continue with their legal action.
Mark Kelly – Director of the Irish Council for Civil Liberties – also expressed his displeasure with the proposals for symphysiotomy compensation. He said that the redress scheme falls short of what is required under Ireland´s human rights obligations.
Following a complaint by the Survivors of Symphysiotomy group to a UN Human Rights Committee earlier this year, Mr Kelly said the committee recommended that the “perpetrators of symphysiotomy” should be brought to justice and the victims should receive “fair and adequate compensation and rehabilitation on an individual basis”.
Mr Kelly alleges that the new symphysiotomy redress scheme fails to meet the criteria of the UN Human Rights Committee on two counts – that it does not address compensation on an individual basis, and that payments made under the redress scheme are made without admission of liability by the state.