Mary Upton (Dublin South Central, Labour)
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Question 47: To ask the Minister for Health and Children if she will introduce legislation to underpin the provision of services and supports of persons who were injured by thalidomide; if she will engage with the Irish Thalidomide Association in view of the lack of consultation in advance of the settlement offered to them; if an apology on behalf of the State will be offered to those so injured; and if she will make a statement on the matter. [20218/10]

John Moloney (Laois-Offaly, Fianna Fail)
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The Deputy will be aware that the Minister has met with the Irish Thalidomide Association on a number of occasions since 2008. At the Minister's request, the State Claims Agency assessed the association's requests in the context of Irish and international provisions for survivors of thalidomide and in the context of Irish case law and precedent. The State Claims Agency also considered the submissions of the Irish Thalidomide Association and the Irish Thalidomide Survivors Society and met with both organisations.

Following consideration of the agency's report, the Minister announced, on 27 April last, the Government's decision to provide additional service and financial supports for Irish survivors of thalidomide. The measures announced include: provision for special care packages for thalidomide survivors living in Ireland, following multi-disciplinary assessments by an independent expert to be appointed by the Minister; the designation of a senior manager in the HSE to act as a liaison with regard to the ongoing health and personal social services needs of the Irish survivors; a once off ex gratia payment of €2 million to be divided equally between the Irish survivors as a practical expression of the Government's sympathy; the payment of an annual lump sum, in addition to current payments, equivalent to a further German annual payment which commenced in 2009, of up to €3,680, for survivors in the most severe category; provision whereby, if an individual thalidomide survivor has applied for but does not qualify for either the disabled drivers tax concession scheme or the motorised transport grant, their cases will be examined with a view to providing an equivalent level of financial assistance to assist with their transport needs. This is a reasonable and compassionate response, aimed at meeting the medical and other needs of survivors. Additional information not provided on the floor of the House.

The Minister met with groups representing survivors of thalidomide and briefed them on the Government's decision. Issues were raised by legal representatives on behalf of both organisations at those meetings, including the manner in which services and supports will be provided, the question of an apology to survivors and certain legal issues. The Minister has already put in train arrangements for individual assessments of survivors, including the appointment of the independent expert, Dr. Paul O'Connell, consultant rheumatologist, and separate liaison arrangements through Ms Carmel Buckley, a senior HSE nursing official. In regard to the legal issues raised, the Minister informed the survivors that she would have these matters considered urgently, in consultation with the Office of the Attorney General. The Minister will proceed on the basis of advice from the Attorney General.

The Minister also wishes to point out that in 1975, the Government of the day also acted on the then Attorney General's advice and expressed a commitment to ensure that the needs of the surviving children would be met. I know that the Minister joins me in saying that the State has great sympathy for the survivors and it is most regrettable that they should have been put through so much pain and suffering.

Jan O'Sullivan (Limerick East, Labour)
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I presume the Minister of State knows that this offer has been unanimously rejected by the Irish Thalidomide Association. What is his response to that rejection? I went to the association's press conference last week and the offer was rejected because its members felt that there was no real consultation. They were brought in at the very end of the process with the State Claims Agency. Will the Government consider going back to the drawing board and genuinely negotiating a settlement proposal with the two bodies concerned? The Irish Thalidomide Association represents the vast majority of survivors.

Will the State apologise to the survivors? I realise the State did not produce the drug, but there is a strong feeling among survivors that the State could have protected them better and they would like an apology.

John Moloney (Laois-Offaly, Fianna Fail)
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I would have thought that the independent assessment by the State Claims Agency was far from an attempt to exclude submissions by the thalidomide group. The assessment was carried out independently and this was the response. I hope the thalidomide group see that it was not an attempt not to listen to them or to delay their involvement.

The second issue will be considered after the response of the thalidomide groups. It also ties into the third question. I do not want to delay things by talking about the level of funding proposed, but this was an expression of sympathy on behalf of the Government, recognising the huge difficulties caused by thalidomide.

Jan O'Sullivan (Limerick East, Labour)
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Is the Minister of State expressing that now?

John Moloney (Laois-Offaly, Fianna Fail)
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I will not be hung up on words for the sake of them. The Minister met on many occasions with both groups and tried to work out a sensible and sympathetic response. Upon the conclusion of what I hope will be successful talks, we will leave it open to the Government to express sympathy. I do not think I can offer an apology for something that could cause great concern.

James Reilly (Dublin North, Fine Gael)
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While I have listened to what the Minister of State has had to say, I believe he and the Minister should consider an apology because it would go a long way towards appeasing people who have been wronged. The State may not have made the drug, but agents and servants of the State administered it, and it was available in this country for a longer time than in other countries. Therefore, the State has a culpability in this area.

The State Claims Agency operates the clinical indemnity scheme. While it does great work, it can be quite adversarial in its nature. Would the Minister of State consider the Injuries Board as a body to assess the thalidomide claim? It might create a better atmosphere and bring about a different outcome. Victims of thalidomide are upset because the consultation process was merely a listening exercise rather than a hearing exercise. They were not heard.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Finola Cassidy of the Irish Thalidomide Association has described the offer as derisory. There are only 32 surviving victims, and Ms Cassidy said they feel shell shocked and deeply disappointed. They are all in their late 40s or early 50s. We are talking about €60 per week in respect of the annual payment. It is abysmally low, as is the lump sum of €60,000. Whoever was responsible for making this assessment clearly has little understanding or regard for the challenges that these people have faced and will continue to face for the rest of their lives. We should be able to provide more generously and offer language that reflects our collective national sorrow at what has happened. Is it in the Government's gift to revisit the proposals in this instance? They need to be dramatically improved.

John Moloney (Laois-Offaly, Fianna Fail)
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I do not want to respond by pointing out that it compares favourably to other countries.

I would like to make a point to Deputy Reilly. I was present for most of the talks between the Minister for Health and Children and the thalidomide groups and "adversarial" is not the word to describe them. It has never been the Government's intention to argue down to the very last detail with the thalidomide groups, and we are still open for ongoing talks, but the offer is there and I have to say it is a generous one. Written Answers follow Adjournment Debate.