CervicalCheck Tribunal Act 2019

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Number 31 of 2019

CERVICALCHECK TRIBUNAL ACT 2019

CONTENTS

PART 1

Preliminary and General

1. Short title and commencement

2. Definitions

3. Expenses

PART 2

CervicalCheck Tribunal

Chapter 1

Establishment, Functions, etc.

4. Establishment day

5. Establishment of Tribunal

6. Membership of Tribunal

7. Functions of Tribunal

8. Staff of Tribunal

9. Experts and research

10. Tribunal may retain legal counsel and solicitor

Chapter 2

Making claim to Tribunal

11. Claims before Tribunal

12. Reckoning of time for purpose of Statute of Limitations, etc.

13. Agreement of parties required to enable Tribunal to hear claims

Chapter 3

Claims before Tribunal, procedures, etc.

14. Manner of determination of issues

15. Third party procedures

16. Account to be taken of ex-gratia payments

17. Awards of Tribunal - applicable principles, etc.

18. Legal representation

19. Costs

20. Hearings generally to be otherwise than in public

21. Form and manner in which evidence may be given

22. Powers relating to witnesses and documents

23. Privileges and immunities of witnesses

24. General power of Tribunal to seek directions of High Court

25. Pre-claim protocols, case management, directions, etc.

26. Rules

Chapter 4

Appeals, confirmations, etc.

27. Appeals

28. Confirmation and publication of determinations

29. Enforcement of awards of Tribunal

Chapter 5

Restoration of trust

30. Application of Chapter 5

31. Facilitator of meetings to restore trust

32. Meetings to restore trust

33. Restoration of trust meetings - not admissible in proceedings or claims before Tribunal

Chapter 6

Reports of Tribunal, etc.

34. Recommendations of Tribunal

35. Annual Reports

Chapter 7

Dissolution

36. Dissolution of Tribunal

PART 3

Miscellaneous

37. Appeals to High Court - rules of court

38. Offences

39. Restrictions of rights and obligations under Data Protection Regulation

40. Amendment of Freedom of Information Act 2014

Acts Referred to

Civil Liability (Amendment) Act 2017 (No. 30)

Civil Liability Act 1961 (No. 41)

Civil Liability Acts 1961 to 2017

Freedom of Information Act 2014 (No. 30)

Interpretation Act 2005 (No. 23)

Statute of Limitations (Amendment) Act 1991 (No. 18)

Statute of Limitations 1957 (No. 6)

Number 31 of 2019

CERVICALCHECK TRIBUNAL ACT 2019

An Act to provide for the implementation of the Report on an Alternative System for Dealing with Claims Arising from CervicalCheck, in respect of the hearing and determination, outside of the court process, of claims arising from acts or omissions arising from CervicalCheck and, for those purposes, to make provision for the establishment of a body, to be known in the Irish language, as An Binse um CervicalCheck or, in the English language, as the CervicalCheck Tribunal; to make provision for the Tribunal, with the consent of the parties concerned, to hear and determine a certain limited number of claims made to it outside of the court process; to provide that a determination of the Tribunal shall be subject to confirmation by the High Court and subject to a right of appeal to the High Court; to make provision, in the public interest of restoring trust in CervicalCheck, for the making available to certain persons of facilities for the purposes of documenting experiences, facilitating discussion and providing information to such persons in respect of CervicalCheck; and to provide for related matters.

[23rd July, 2019]

Be it enacted by the Oireachtas as follows: