Finian McGrath (Dublin Bay North, Independent) | Oireachtas source

I thank colleagues for their submissions and all of the valid points made, to which, of course, I listened. It should be reiterated that it is not within the remit of the Minister for Health to amend the Statute of Limitations. That is a matter for the Minister for Justice and Equality who would be advised by the Attorney General on any amendment that might be considered. The overall operation of the law as it affects the Statute of Limitations is complex and any change would have a wide impact in law.

As I outlined to the House earlier, the purpose of the Statute of Limitations is to allow all persons, including the State, the opportunity to order their affairs in order that after a reasonable period has passed, persons will potential have no liability for events that occurred in the past. The Statute of Limitations recognises that a balance needs to be struck between allowing litigants to make their claims and protecting all defendants, including the State, from old claims. It is a very important point that the statute is properly not regarded as providing a technical defence, as reported in some media articles, but is, in fact, a central feature of a fair system of litigation.

While the Government genuinely has every sympathy for each person who has injuries attributable to thalidomide, it also must be cognisant of the constitutional rights of all parties in litigation. Operating the Statute of Limitations differently in different classes of litigation could offend the fundamental constitutional requirement that the State treat such classes equally in its handling of litigation.

There are a number of legal claims against the State and two other parties in respect of thalidomide. These claims were referred to the State Claims Agency which has delegated authority to manage litigation on behalf of the State. I emphasise that the Minister for Health has no role in these legal proceedings. The litigation is being case managed in the High Court.

There are different categories of thalidomide litigant. In 2012 the Department of Health received claims from solicitors acting on behalf of 22 of the 30 Irish recipients of the monthly ex gratiapayments. Also in 2012 two of the 22 plaintiffs accepted the ex gratiapayment offer of €62,500.

In 2013, following the introduction of a revised German law, the Contergan Foundation significantly increased the German allowances payable to thalidomide survivors worldwide, including Irish survivors. However, the German ministry confirmed that from 1 August 2013 onward, any financial payments made by other governments to thalidomide survivors will be offset against the new increased German payments.

Of the 22 Irish individuals who were in receipt of the monthly ex gratiapayments from the Irish State and had initiated legal proceedings, six opted to take the individual sum of €62,500 previously offered prior to the 1 August 2013 deadline in full and final settlement of monetary compensation. As two of these 22 had already accepted an ex gratiaoffer of €62,500 in 2012, there are now 14 active litigation cases from this cohort. The remaining nine Irish thalidomide survivors in receipt of monthly ex gratiapayments from the Irish State and who did not serve and-or issue legal proceedings, were offered and accepted ex gratiasums of €62,500.

Additional claims have been received from solicitors on behalf of 13 persons not in receipt of monthly ex gratiapayments from the State. All of these claims have been referred to the State Claims Agency. Of these, ten have initiated personal injuries litigation. To the Department’s knowledge and to my knowledge, only one of these persons has been found to have injuries attributable to thalidomide. This person did not accept the State’s offer of supports. The House will appreciate that the Department cannot comment in detail on claims that are sub judice.

The Government is committed to ensuring that the particular needs of survivors continue to be met in a person-centred manner. The Government and its predecessors have sought to reflect the great sympathy of the Irish people for survivors of thalidomide by making special supports available through direct financial assistance, enhanced social supports and personal health services.

Today, 30 Irish survivors of thalidomide are in receipt of monthly payments from the Irish State for life, in addition to a wide range of health services, personal social care supports and other supports as required, for example housing adaptations and customised aids and appliances. The range of services and financial supports provided to survivors, as outlined in more detail earlier this evening, are specifically provided to people whose injuries are attributable to thalidomide.

The Irish Thalidomide Medical Board was set up in 1973 as an independent board to undertake the examination of Irish children who claimed to have disabilities attributable to thalidomide, to assist their parents who may have a claim against the German compensation fund. It also assessed their degree of permanent incapacity and necessary treatment.

A report of the board states that 112 children were examined by the board and the board determined that 34 Irish children had thalidomide-related injuries. Irish children who were found to have thalidomide-related injuries were eligible for compensation from the German compensation fund in the form of a lump-sum payment and an allowance for life. Of the original 34 persons found to have injury attributable to thalidomide, one person was accepted by the UK Thalidomide Trust, and sadly three persons are now deceased.

In 2008 the Contergan Foundation was not accepting applications from persons seeking to establish if their injuries were thalidomide related. The Irish State paid for five persons to be assessed in the EX-Center, Stockholm, Sweden. Three of these people had previously been assessed by the Irish Thalidomide Medical Board and again were deemed not to have injuries related to thalidomide. Of the remaining two, one was found to have thalidomide-related injuries.

The Contergan Foundation has confirmed that since 2013 it is accepting applications from individuals for compensation for thalidomide-related injuries. It is open, therefore, to any person who feels their injuries are attributable to thalidomide to contact the Contergan Foundation directly. The House can be assured that any person whose application has been assessed and accepted by the Contergan Foundation will be eligible for the full range of supports, services and payments currently provided to Irish survivors by this State.

The Government welcomes this opportunity to assure the House of its continuing commitment to survivors of thalidomide and to explain in detail the reasons for the decision of Government to oppose the amendments proposed in the Private Members' Statute of Limitations (Amendment) Bill 2018.

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