Dáil debates

Wednesday, 5 May 2010

8:00 pm

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)

I am not saying he is not reputable. The Deputy will find reputable people with wildly differing views.

My Department has been advised that no EU state, other than the UK, includes COPD in their schemes equivalent to the occupational injuries benefit scheme. The position in the UK is that their equivalent of our occupational injuries benefit may be paid to coal miners who have worked underground for at least 20 years and who are diagnosed as having definite pneumoconiosis, with considerable lung function loss. The effect of prescribing COPD or chronic bronchitis and emphysema, CBE, was not to confer entitlement to people who did not already qualify for the UK equivalent of occupational injuries benefit but, rather, to enable a higher rate of payment to be made to some sufferers in certain circumstances.

In this country, the position is that where miners develop pneumoconiosis as a result of their occupation, then occupational injuries benefit is awarded. Persons claiming occupational injuries benefit in cases of pneumoconiosis are referred to a consultant respiratory physician in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing. The latter is a standardised test that will establish the extent of lung malfunction irrespective of the specific medical condition giving rise to that malfunction. Disablement benefit is awarded on the basis of the consultant's objective report, including the pulmonary function test results. If COPD is present in some of these cases, the disablement award will reflect this. Given this background, it was concluded that it would not be appropriate to specify COPD for the purposes of occupational injuries benefit.

Concerns were also expressed at perceived inconsistencies in the nature of the medical assessments undertaken of the medical conditions affecting the miners under the occupational injuries scheme. I will ensure they are brought to the attention of the medical advisors in my Department.

I also undertake to obtain a report of today's meeting. As a Minister I have sympathy for anybody suffering from an occupational disease or injury, where this can be established. The reality is however that one cannot allow a situation to develop whereby, for example, people with the same condition as a result of smoking, could also make a claim of occupational injury. Therein lies the challenge. I will seek a detailed report of today's meeting. This is not a simple issue but I will treat it with the utmost seriousness. I must stress that the situation is as outlined this evening and will remain so. I will undertake to obtain a full report of what was said at today's meeting to see if anything therein might make a difference.

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