Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I understand the Deputy's point. There is a balance to be struck here. Obviously, if we have already made a payment for non-disclosure through the ex gratiascheme, and we have fixed that as a set payment of €20,000 - when I say "we", an independent assessment panel has done that and those payments of €20,000 will start issuing in the coming weeks - what we are saying is that the tribunal "shall take into account" the payment from an ex gratiascheme. We have worded that in such loose language, if I may call it that, for good reason. We are not saying that the tribunal must deduct it but that it shall take it into account.

I have spoken to some patient advocates on this and I know that some people might want to go to tribunal and say that, while they got the ex gratiapayment, the manner of their non-disclosure was particularly horrific or had a particular impact and they want to argue that in a tribunal or, indeed, in court. We are only saying "shall take into account" and we are not saying the judge must deduct the €20,000. We need to be cognisant of the fact we have already made a decision to pay €20,000 for non-disclosure, but that does not take away from somebody's entitlement, when they go to a tribunal or to court, to argue that they should be entitled to a quantum larger than that, such was the impact of the non-disclosure on them. Therefore, I have not said "must be", "will be" or "should be". I have worded it in such a way that it gives the judge and the tribunal that discretion.