The CervicalCheck Tribunal (Amendment) Act 2021 was enacted on 16th July 2021, and has the effect of extending the period during which a claim can be made to the tribunal in respect of alleged misreading of smear tests under the CervicalCheck screening programme.
The Tribunal was set up in December 2018, in response to calls for a non-adversarial dispute resolution mechanism for women and families affected by the scandal. It is, however, adversarial in nature (and has very little practical difference to a claim in Court) which has perhaps led to the low take-up of the resolution of claims by the Tribunal. In April 2021, only three claims had been received by the Tribunal, in contrast to 256 claims received by the State Claims Agency.
The Tribunal is now open to new claims until 26th January 2022, and this deadline may be extended by ministerial order for another six months thereafter.
The above is provided for information purposes and is not intended as legal advice. If you have any questions in relation to the misreading of cervical smears, we, at Fitzsimons Redmond, would be happy to advise you on your next steps. Please contact us on 01-676 3257.
By Lisa Quinn O’Flaherty
Solicitor at Fitzsimons Redmond
