James Reilly (Dublin North, Fine Gael)

The Health (Amendment) Act, HAA, card is given to men, women and children who contracted hepatitis C from the administration within the State of blood or blood products. Under the Health (Amendment) Act 1996 the entitlement of an individual to an HAA card and to related services is decided by the chief executive officer of the Health Service Executive. The latter is bound by the definition of eligibility in the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received by the tribunal after the specified date of 20 June 2006.

A great deal of consideration has been given to the issue of recipients of anti-D who have neither tested positive for hepatitis C nor had a positive tribunal decision in their favour. A number of women who have tested negative for hepatitis C have experienced a variety of symptoms. However, there is no scientific proof that these symptoms are specific evidence of hepatitis C infection. In fact, some symptoms of hepatitis C, such as fatigue, fibromyalgia and depression, are common conditions that occur in the general population or are also associated with other illnesses. It is estimated that up to 16,000 women in Ireland were exposed to potentially infectious batches of anti-D and that approximately 1,000 of these were infected with hepatitis C. Extending eligibility for HAA cards to those who have tested negative for hepatitis C would have significant implications for the scheme overall.

I am sympathetic to the women in question. However, taking account of international practice and the rationale which led to the passing of the 2006 Act, I am satisfied that the present arrangements are reasonable in the circumstances.

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