Pa Daly (Kerry, Sinn Fein) | Oireachtas source

The Minister of State is familiar with the CAMHS disaster that occurred between 2016 and 2021. That is the identified period for which there was overprescription of medication and inappropriate care. Children experienced massive weight gain. Risperidone was nearly universally applied and prescribed for children. Lives were ruined. Following the identification of some of the issues involved, the Maskey report was established. Following Maskey, a redress scheme was put in place to deal with children who were under the care of a particular doctor. However, the scheme is quite limited in that it deals with patients who were treated in south Kerry between 1 July 2016 and 19 April 2021.

There is a fundamental unfairness in who is allowed into the scheme and who is excluded from it. The Minister of State probably has the exact figures, but there are an awful lot of children and parents who have received apologies for the treatment, or lack thereof, in its care in the Kerry region. Anybody who was treated in north Kerry who had the exact same difficulties as people who have been identified by Maskey are not included in this scheme and cannot access it. In addition, some patients in south Kerry whose treatment may have commenced prior to 1 July 2016 are also excluded from the scheme.

What are the benefits of the scheme? One can avoid a lengthy and expensive civil litigation route. One is provided with €10,000 upfront in order to pay for medical reports that can often cost up to €3,500. It is only fair that the scheme be extended to all patients or former patients who have received the letters of apology so that they can avoid having to pay large sums of money, because it is an obstacle to justice for those people who the HSE has written to and apologised that their treatment was lacking and did not match the required standard of care that these people deserve.

It has been a long road for them. Following Maskey, they were waiting a long time for various audits and other procedures to be established. They feel they have been strung along a bit. If any cohort of patients in this country now deserves a break and quick access to justice, it is them. Where apologies have already been received and when, in effect, there has been an admission of liability, why not save the State some money while providing easier access to justice for these people by extending the scheme so they can be included in it?

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