Brendan Howlin (Wexford, Labour) | Oireachtas source

The cancer treatment drug pembrolizumab, Pembro, has received much public attention because of the Government's decision to make it available to survivors of the CervicalCheck scandal, the 221 group, people like Vicky Phelan.

Vicky Phelan has spoken publicly about how pembrolizumab has had a significant effect onher tumours and has given her a much better quality of life. The drug has been shown to have a significant impact on tumours in some cases. The Government owes a duty of care to those women who have been failed by our health services, but this decision risks setting a dangerous precedent if the Government does not make the same drug available to all cervical cancer patients.

Article 40 of the Constitution holds that all citizens shall be held equal before the law. The State cannot unjustifiably or arbitrarily discriminate between citizens. However, that is what is happening in this instance because the Government has decided to provide a treatment to some patients but not to others on the basis of dubious legal grounds. It is not for the Government to determine who does and does not deserve the hope of a longer life and a better quality of life than others who are suffering from same fatal illness. How can the Government decide that Vicky Phelan from Limerick should have a chance to prolong her life, but not Áine Morgan from Galway as we saw on last night's "Claire Byrne Live"? Either a treatment is so prohibitively expensive that it cannot be provided or else it must be made available to all; there is no middle ground.

My colleague, Deputy Kelly, has raised this issue repeatedly. Many patients and their family members have contacted us. Some of them are paying privately to access pembrolizumab. It is unsustainable for them to continue to pay privately. In some cases, the drug may be all that is keeping people alive. Leading oncologists, Dr. Fennelly and Professor Crown, have contacted the Minister for Health with a proposal that pembrolizumab be made available on a trial basis. Surely the Government can come up with some arrangement with the Irish-based drug company that is making this drug in Carlow to provide it to those who could materially benefit from it now. We need to have a plan in place to ensure equity in accessing this drug for all who need it and time is not on the side of the many people dependent on this treatment. My question is very simple. Will the Taoiseach, as head of the Government, provide legal clarity on the availability of pembrolizumab? Will he give a timeline as to when the drug will be available to all cancer patients who can benefit from it?

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