Seán Kenny (Dublin North East, Labour)
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It is 50 years since a pregnancy drug called thalidomide went spectacularly wrong. The word "thalidomide" entered the dictionary, referring to an unthinking and risky approach to medicines which blighted the lives of thousands of people. Babies were born with devastating injuries. Families were torn apart and many of those affected have since died.

The babies have grown up but will face an enormous burden for the rest of their lives. Thalidomide was sold in a number of countries across the world from 1957 to 1961, when it was withdrawn from the market after it was found to be a cause of birth defects in what has been called "one of the biggest medical tragedies of modern times". It is not known exactly how many victims there are worldwide. Estimates range from 10,000 to 20,000 people. In Ireland there are 32 acknowledged survivors of the thalidomide tragedy who are now approaching their 50s. All are suffering rapidly deteriorating health, and disabilities usually seen in much older people.

The Irish Thalidomide Association has been seeking justice for those affected by the drug. It also seeks openness and transparency on the part of the Government along with an acknowledgment of the wrong that occurred. In addition, the association seeks an apology from the Government, together with a fair and equitable compensation. It engaged in discussions with the then Minister for Health and Children almost three years ago in regard to the fairness and adequacy of an arrangement entered into in 1975 on behalf of those affected. A comprehensive response is still awaited. During this time members of the association have witnessed a complete revision of these arrangements in other jurisdictions.

In December 2009, the British Government delivered an apology to those affected by thalidomide in Britain but the Irish Government still fails to acknowledge that a wrong occurred in this country. In Ireland the Attorney General advised there was no legal responsibility for the State. I find that hard to believe. The fact remains that the Government of the day failed to remove the drug for several months after it had been declared unsafe. It knew thalidomide was unsafe.

I have been made aware of the phrasing in Government documents relating to this issue, which date back for years. Phrases indicate that the Department was concerned about the economic cost of compensation by the State. There appears to be little indication of the human concerns in question. What about the parents of these children? They are now in their 80s and their children aged 50 and upwards are still trying to sort out some sort of comprehensive recompense for what happened to them. I welcome the Minister for Health's statement that he wants to enter into meaningful discussions about making a financial gesture of goodwill to survivors of thalidomide, in addition to the health care package that has already been mentioned. Regardless of any legal responsibility, there is certainly a moral responsibility on the State in this regard. A real and comprehensive settlement, rather than a token gesture, should be made to the survivors of thalidomide in Ireland.

Róisín Shortall (Dublin North West, Labour)
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I thank Deputy Kenny for raising this issue. I am glad to have an opportunity to respond to him on behalf of the Minister for Health, Deputy Reilly. The Minister met representatives of the Irish Thalidomide Association, and separately the Irish Thalidomide Survivors Society, in July of this year. He informed both organisations that the main aim of the Government in this respect is to address the health and personal social care needs of thalidomide survivors living in Ireland. The Minister has written to both organisations to inform them that the parameters of a HSE healthcare package are being drawn up by officials in the Department of Health and the HSE. The Department will be in touch with the organisations when it is in a position to discuss the details involved.

The commitment in the programme for Government is to reopen discussions with survivors. The Government is committed to doing that. At his meetings with representatives of the Irish Thalidomide Association and the Irish Thalidomide Survivors Society, the Minister said he would have to be guided by the legal advice regarding the State's liability. The Attorney General has confirmed that the State has no legal liability in this matter. Notwithstanding this position, the Minister wants to enter into meaningful discussions about a financial gesture of goodwill towards Irish survivors of thalidomide. This would be in addition to a health care package. However, none of us can ignore the severe financial challenges the health service is facing at present. It is likely that these challenges will increase next year and continue for the foreseeable future.

The thalidomide product sold in Ireland was manufactured by a German company, Chemie Grünenthal. Irish survivors of thalidomide receive compensation from a German foundation that was set up for that purpose. Monthly payments range up to €1,116 per month, tax free, and annual payments range up to €3,680. A monthly allowance is currently paid by the Department of Health and is worth up to €1,109 per month. The majority of Irish survivors are in receipt of the maximum allowance from Germany and Ireland. When the German and Irish payments are combined, the maximum payment individuals receive is €30,386 per annum or €2,572 per month. On average, they receive a tax free payment of €26,000 each year or €2,166 per month. The monthly payments are tax free and are not reckonable for State benefits including disability allowance. Each individual is automatically entitled to a medical card.

The Minister's proposal to provide a health care package and to engage in meaningful discussions about a financial gesture of goodwill towards Irish survivors of thalidomide is a reasonable and compassionate response aimed at meeting the medical and other needs of survivors. The Deputy will join me in saying the State has great sympathy for the survivors. It is most regrettable that they were put through so much pain and suffering. The Government acknowledges the physical and emotional difficulties they and their families have faced as a result of the use of this drug. We recognise the challenges that persist for each individual. I assure the House of the Government's commitment to addressing the health care and related needs of all the Irish survivors of thalidomide. I thank Deputy Kenny for raising this issue.

Seán Kenny (Dublin North East, Labour)
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I welcome the Minister of State's response and the Government's commitment to dealing with this matter. I reiterate that thalidomide sufferers in the UK received an apology from the British Government for what happened to them. I understand thalidomide victims in this country are seeking a similar gesture. Will the Minister consider making such a gesture?

Róisín Shortall (Dublin North West, Labour)
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There are 33 Irish survivors of thalidomide. Thalidomide was not licensed by the Irish State. The regime in Ireland in the late 1950s and early 1960s was self-regulated by the drug companies. A regime of self-regulation by drug manufacturers also applied in most other European countries and states. The Government is satisfied that very few countries had systematic controls for licensing drugs at that time. Most countries developed such controls in light of the thalidomide experience. It is certain that a different approach to this matter would be taken today. Judged by the standards of the time, the Department acted in an appropriate manner at the time when faced with an unprecedented situation. The whole approach to dealing with issues of medicine control was completely different in 1962 than it is now. Responsibility for this tragedy rests with the manufacturer of the drug.