Dáil debates

Tuesday, 11 December 2018

Statute of Limitations (Amendment) Bill 2018: Second Stage [Private Members]

 

8:55 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I welcome to the Public Gallery members of the Irish Thalidomide Association. I welcome victims, family members and litigants and hope that passing this Bill will help them address the great wrong that was visited upon them and upon those who have passed, without ever knowing justice, all the while with the full knowledge of the Irish State. More worrying, but not surprising, is the fact that yet again the Irish State tried to bury the scandal and deny these victims their voice. It is reprehensible that we are debating once again an issue concerning a medical scandal and a subsequent cover-up that has destroyed people's lives. To be frank, it sends shivers up my spine. What kind of State and society are we when we repeatedly find ourselves in these situations? When will we learn the lessons?

Thalidomide was given to pregnant mothers in this country in the late 1950s as a sedative and treatment for morning sickness. In November 1961, it was discovered by an Australian gynaecologist that thalidomide was responsible for causing profound deformities of body and mind in children born to mothers who had been taking the drug. Despite most countries ceasing the use of thalidomide at that point, it remained on the market in Ireland until as late as June 1962. This pattern is all too familiar, with similar scandals such as the anti-D product, haemophiliacs' contaminated blood products, transvaginal mesh and, most recently, the cervical cancer screening scandal. We react far too late when these scandals are discovered and then treat the victims disgracefully. We impose the weight of the State upon them to prevent them pursuing the justice they richly deserve. We see the result of this tonight.

These victims, numbering 26, who have cases outstanding are waiting more than 50 years to be compensated adequately. The case is at a standstill in the High Court, with Mr. Justice Seamus Noonan criticising the slow pace of proceedings with no prospect of progress in the medium term. The defendant company, Chemie Grünenthal, is sitting behind a 1970s settlement and the Statute of Limitations.

I commend Deputy Jack Chambers on attempting to address this blockage here tonight. It is a commendable piece of work that is a genuine attempt to deliver for these people. I assure Jack and I assure this Chamber that its passage will have my and my party's full and unconditional support. I want to record my horror at the Government's decision to oppose the Bill.

I wish to place on the record an unfolding similar scandal that concerns the drug valproate, which is used to treat epilepsy and bipolar disorders. It has, similarly, caused birth defects in newborns when their expectant mothers have taken the drug. A European-wide ban on the use of valproate during pregnancy is now in place since 31 May 2018, following a safety review carried out by the European Commission that resulted in a legally binding decision.

I welcome that there are now in place an awareness programme, pre-assessments and explicit warnings for women at risk. I further welcome that work is under way to review the diagnostic and support services required by people who may have been affected by foetal anti-convulsant syndrome, FACS. It scares me to recognise the similarities involved in the case of valproate and thalidomide. On 6 July 2017 France banned the use of valproate for expectant mothers. It is estimated that 4,100 births with defects arose from the use of this drug in France. Since late 2017 France has set up a compensation fund to begin addressing the needs of victims. I would appreciate it if the Minister of State, Deputy Finian McGrath, would update the House tonight or at some point in the very near future on where Ireland stands on this drug and the mark it has left on the lives of how many of our citizens.

I will conclude by once again assuring Deputy Chambers and this Chamber that we in Sinn Féin will assist in the passage of tonight's Bill through Second Stage.

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