Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

The Government considered the Meenan report and the law of tort around medical negligence today. The report recommends that we pursue a vaccine compensation scheme, the development and production of which the Minister for Health and the Minister for Justice are working on.

Regarding indemnity, the content of advance purchase agreements, including provisions relating to liability and indemnity, are negotiated with vaccine suppliers by the European Commission and its negotiating team, acting on behalf of member states. Member states may decide to opt in or opt out, but they do not have scope to recast the terms of any advance purchase agreement.

The clauses in the advance purchase agreements relating to indemnification and liability are open-ended. They require member states to provide legal supports, costs and payment of claims arising from any damages associated with the administration of the vaccine. It is not possible to quantify the extent of any claims that may arise. A balance must be struck here. We need access to a vaccine and there must be some element of risk. We must remember that trillions of euro have been spent around the world to combat the worst effects of Covid-19. The health effects have resulted in the deaths of 3,000 people on this island and many more worldwide, as well as the illnesses people get. To protect the overall population, we need a vaccine or a series of vaccines to deal with Covid-19. The human race achieved this with smallpox, polio and tuberculosis, with tremendous outcomes and results. The State Claims Agency has been consulted and agrees that it would be appropriate for the State to take responsibility for claims management as part of these agreements, and is on board with the decision that has been taken.

This has been an extraordinary development. There was no co-ordination across Europe at the time of the severe acute respiratory syndrome, SARS, epidemic, which happened during my time as Minister for Health and Children. There was no chance for pharmaceutical companies to produce anything collectively or in partnership with governments. It was every member state for itself and the smaller member states lost out hugely. This is a very good initiative and the European Commission deserves credit for co-ordinating it. It will enable the Commission to ensure sufficient supplies of the vaccine for every citizen living in the European Union. It will also help to look after states which will not be in a position to secure the vaccine, including states in the western Balkans and the Third World. Other countries may not have sufficient incomes. Europe is committed to helping those states to procure the vaccine. Working collectively, we are stronger.

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