Seán Fleming (Laois-Offaly, Fianna Fail)
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That is all right. I wanted to get the mechanics of it on the record. Many people have debated where this money came from. We knew the NPRF had a role in this regard, as it had specifically referred to this money in its annual account.

I would like to ask a few questions about the State Claims Agency. I raised this issue with the witnesses when they were here previously. We heard some fine words in the opening remarks. I want to ask about a much-publicised case that came to a conclusion in the courts last year. All of this matter is on the public record. I refer to the very sad case of a six year old boy in Waterford, Dylan Gaffney Hayes, whose parents had to take the agency to the High Court. An award of €8.5 million was made in November on foot of the catastrophic brain injuries that Dylan suffered at the time of his birth. We would like to extend all the good wishes we can to his parents, Jean and Thomas, with the difficult life they have ahead of them from here on in. According to the family, the obstetrician said to them at the time that "there would be no cover up" and "we will not be defending this". Despite this, the State Claims Agency threatened them with legal costs all along the way. They lodged their claim, but to their surprise, the State Claims Agency denied everything and took them to court. They were ultimately awarded €8.25 million. We must remember that this boy suffered catastrophic brain injuries at birth. It was clear that he would require phenomenal care during the first six years of his life. It was important that his housing needs were met to cater for his difficulties.

They did ask for a payment on account to cover some housing needs and I understand the State Claims Agency refused to make an interim payment on account. The following week a similar case concerning another hospital involving several million euro came before the courts. Ms Justice Mary Irvine made remarks about the conduct of the State Claims Agency which was defending the case. She said it was the second similar case to come before her that week where the HSE had delayed admitting liability. This caused additional stress and fear for the children and families involved. Why does the State Claims Agency do that to people when the obstetrician was quite clear from early on? What the judge said is clear, that the State Claims Agency's delayed payment probably jeopardised the family's financial position and ability to care for young Dylan during those six years. I am sure the file was sitting on some shelf. How does one justify that? I ask this because it is a case that has been completed in the courts. Has the State Claims Agency paid out that money to them?