Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I am glad the Tánaiste acknowledged the risks taken by members of our Defence Forces. Last week the State settled the first Lariam damages case by a member of the Defence Forces member. It is a very significant event in the Action Lariam campaign, which has been ongoing for several years. The plaintiff, Mr. Anthony Cole, stated he was delighted, giving an indication of the substantial damages that the State had to pay. This was a case where the State put up no defence of the indefensible, called no witnesses and adduced no evidence to defend the case. Instead, in an approach that would make the Garda Commissioner's legal team blush, the State launched a vicious attack on the plaintiff and his witnesses. His honesty was questioned and he was accused of perjury. The State's whole case was based on the argument that he was lying about the symptoms he suffered while in Chad. I know the Tánaiste knows from his time as Minister for Defence that some Defence Forces members who have taken Lariam have experienced very devastating consequences.

They include nightmares, anxiety, hallucinations, depression, mood swings, mania and psychosis. Their experience of such utterly devastating effects is a medical fact, yet, knowing this, the State's entire case was that this individual was lying. We had ten days of hearings over five months, involving two senior counsel and two junior counsel, which caused huge stress for the plaintiff and at enormous cost to the State. Despite the finding in this case and the vote that took place in this House, Defence Forces policy remains the same. Lariam is the first choice anti-malarial drug for members serving in sub-Saharan Africa, including Mali. Saying "No" to Lariam is saying "No" to overseas duty. Admitting that one has a mental health problem means an end to one's Defence Forces career. It is an absolute disgrace. As we have seen time and again, the State will adopt an adversarial approach in medical injuries cases, which has resulted in long and unnecessary court processes. By the end of 2016, outstanding liabilities on the State for damages in cases in the areas of health, justice and defence were €2 billion, a staggering figure. The winners in all of this are the lawyers, to whom €24 million was paid out last year by the State Claims Agency, together with €41 million in plaintiff fees. In view of the massive costs involved and the fact that the State did not even bother to defend itself during this case, I have two questions for the Tánaiste. First, will the Government heed the outcome of the case and the motion passed in this House last summer by immediately issuing instructions to the Defence Forces to cease all use of Lariam? Second, will the Government take urgent steps to establish a redress or compensation scheme for members of the Defence Forces who were harmed by the taking of this terrible neuro-toxic drug and, in so doing, save the State a fortune in unnecessary and costly legal challenges?

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