Background to the Tribunal

An alternative system for claims arising out of CervicalCheck

On 2 August 2018 the Government asked Mr. Justice Charles Meenan to make recommendations on how claims arising out of CervicalCheck could be resolved outside the court process in a manner which is both timely and sensitive and appropriate to cases involving complex liability issues.

The terms of reference included engaging with the affected women, their families and their representatives to seek their opinion on what could be done to provide an alternative to the court process and to assess the management of cases, liability and quantum that arise, in conjunction with the State Claims Agency and other relevant bodies. The report was also to have regard to Dr. Gabriel Scally’s Scoping Inquiry into CervicalCheck and the Expert Panel Review of Cervical Screening led by the Royal College of Obstetricians and Gynaecologists (RCOG).

Mr Justice Meenan’s report, which was published on 16 October 2018, proposed that a Tribunal be established under statute for the purpose of hearing and determining claims arising from CervicalCheck.

The CervicalCheck Tribunal Act 2019

Based on the recommendations set out by Mr. Justice Meenan in his report, the Government, in December 2018, agreed to set up a statutory Tribunal to deal with the claims arising from CervicalCheck.

The CervicalCheck Tribunal Act 2019 was signed into law on 23 July 2019.