Cervical Screening Scandal – Health Minister Refuses Statutory Public Inquiry
On 14 May 2026, Health Minister Mike Nesbitt published a summary report on issues related to the Northern Ireland Cervical Screening Programme. The report follows an independent expert review carried out by Professor Sir Frank Atherton, formerly the Chief Medical Officer for Wales, who was appointed in November 2025 to examine all previous work in relation to cervical cytology services delivered by the Southern Health and Social Care Trust (SHSCT) between January 2008 and October 2021. Despite the gravity of the systemic failures documented over a 13-year period, failures which led to approximately 17,500 women being contacted to have their smear test results rechecked, eight women developing cervical cancer, and two young mothers tragically losing their lives.
In announcing his decision, Minister Nesbitt stated that Sir Frank had concluded a statutory public inquiry was "highly unlikely to provide any further clarity". The Minister accepted this advice, asserting that a statutory public inquiry is "a means to an end" and that he believed the key questions including what happened, why it happened, who was responsible, and what has been done to prevent recurrence, had been "addressed as far as that is possible".
Our clients, Ladies with Letters, fundamentally disagree. The sequence of reviews and reports into the cervical screening failures has been characterised by limited scope, restricted powers, and an absence of meaningful participation by the women directly affected.
The Limitations of the Atherton Review
While Sir Frank Atherton's expertise and competence are not in question, the limitations placed upon his review are of serious concern. Sir Frank did not have the power to compel witnesses or evidence. He did not speak to all relevant individuals, including the family of Lynsey Courtney. He did not review incidents outside of the SHSCT. His review was conducted behind closed doors, with no opportunity afforded to victims to scrutinise the evidence upon which his findings were based.
These are not incidental deficiencies. They go to the very heart of what a credible investigation requires. The affected women, backed by the tireless advocacy of the Ladies with Letters campaign group, have direct knowledge of the circumstances which allowed these failures to persist for over a decade.
The Human Cost
At the centre of this scandal are real women and real families whose lives have been irrevocably altered. Approximately 17,500 women received letters advising that their smear test results needed to be rechecked. Eight women whose smear tests were misread went on to develop cervical cancer. Lynsey Courtney, a young mother from Portadown, died in 2018 at the age of 30. Erin Harbinson, a mother from Tandragee, died in 2024 at the age of 44. A further 11 women required treatment for pre-cancerous cells which ought to have been identified earlier.
Why a Statutory Public Inquiry Is Essential
A statutory public inquiry, established under the Inquiries Act 2005, provides an investigative framework with powers that no alternative review mechanism can replicate. A statutory inquiry chair has the legal authority to compel the attendance and examination of witnesses under oath, to require the production of documents, and to conduct proceedings in public.
By contrast, the reviews and reports commissioned to date have operated without these essential powers. Participation has been voluntary, evidence has been gathered behind closed doors, and the affected women have had no meaningful opportunity to challenge the accounts of those responsible for the failures. The result is a process which, however well-intentioned, cannot provide the rigorous scrutiny that this scandal demands.
It is also of considerable concern that the failures in cervical screening may extend beyond the SHSCT. The Ladies with Letters have heard from women affected by misread smear tests in other Health and Social Care Trusts across Northern Ireland, suggesting that the true extent of the problem has been masked by decisions not to inform women diagnosed prior to 2019 whether their smear test was read incorrectly.
Commenting on the Minister's decision, Enda McGarrity, Director at P.A. Duffy & Co Solicitors, said:
"The decision not to establish a statutory public inquiry is inadequate. The reviews conducted to date have lacked the essential hallmarks of a credible investigation: the power to compel evidence, the ability to examine witnesses under oath, public hearings and structured participation by those most directly affected. Without these safeguards, it is simply not possible to assert that a full and fearless investigation has been carried out. The Minister's reliance upon a review which operated under significant constraints and which was informed predominantly by evidence from the very institutions under scrutiny cannot satisfy the obligations of transparency and accountability which the public rightly expects. Ladies with Letters continue to call for a statutory public inquiry to be established without further delay and we are actively considering all legal avenues available to our clients to challenge this decision."
Contact Us
If you have been impacted by the cervical screening review scandal and would like more information, please contact our specialist team at P.A. Duffy & Co Solicitors on 028 8772 2102 or by email at enquiries@paduffy.com.