Dáil debates

Wednesday, 5 May 2010

 

Miners Compensation

8:00 pm

Photo of Noel CoonanNoel Coonan (Tipperary North, Fine Gael)

I am glad the Minister has joined us because this is an important matter. During a presentation made by the National Coalminers Group at a recent meeting of a joint committee two issues emerged. One was that the occupational injuries benefit scheme is too restrictive a scheme for the miners; it does not address their needs because the list of prescribed illnesses is too tight. For example, pneumoconiosus is acceptable but COPD - chronic obstructive pulmonary disease - tinnitus and asthma are not. As these are the main conditions suffered by the miners, the scheme is too restrictive for them.

The other issue that emerged is the high variance of diagnosis between the experts. A case study undertaken under Professor Fitzgerald at St. Vincent's Hospital diagnosed a person with disabilities of 80% whereas the Department of Social Protection's doctors or experts decided it was only 20%. In today's money, that means a €750 per month loss to the miners. In fact, one can say openly and clearly that the Department of Social Protection is discriminating against miners and is not capable of addressing their needs.

The Department of Communications, Energy and Natural Resources wants to wash its hands of this matter. As a recent example, when I put down a Priority Question on the issue, the Ceann Comhairle's office ruled it out of order, stating the Minister had no responsibility in this matter. The Minister has a serious responsibility because the licences are in his gift and, under the Mines and Quarries Act 1965, he has a duty of care to the people who work in quarries and mines to provide adequate ventilation and to protect them from overexposure to dust.

That duty of care is not being exercised. In fact, cowboys were allowed to operate the mines without due respect to the health and safety or general well-being of the miners. The consequences have been dire. The mortality rate of miners is much higher than that of the ordinary individual; they are dying at an alarming rate, with 50 deaths in the past year.

What is the solution sought by the National Coalminers Group? They want the establishment of a redress board, which would be of benefit not only to the miners but also to the State in that there would no admission of liability on the part of the State, it would be limited to a very limited group of approximately 350 claimants, including miners and their widows, it would be ring-fenced by terms of reference established by the State and a finite amount of compensation would be clearly identified for the 350 people.

The most reasonable solution is to provide a lump sum to the miners because an increase in social welfare is no good to a dying man whereas a lump sum can at least improve his general well-being and economic situation. That is what we ask of the Minister today.

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