Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am grateful for the opportunity to raise this matter. I will begin with two dates and one number. The first date is 27 November 1961 and the second is 27 July 2012.

The first date, 27 November 1961, is the date on which most authorities worldwide became aware of the highly dangerous and serious effects of thalidomide on mothers and unborn children. The second date, 27 July 2012, is the date on which survivors of thalidomide began to take matters into their own hands individually by initiating individual actions against the State due to their dissatisfaction with the manner in which their plight has been handled by the State to this point. The figure to which I refer is 32, which is the number of people who are known to the State to be survivors and who are dealing with the effects of thalidomide on their lives. This is an issue with which a number of Governments have grappled unsuccessfully in recent years. A number of decisions were made over the summer on how this issue will be moved forward by the present Administration. I acknowledge my colleague, Deputy Kevin Humphreys, also sought to raise this issue in the House with the Minister. I am aware of the difficulty a government, including our Government, can face in being obliged to respond to a particular claim by any group, as well as of the responsibility it has to the broader society and to dealing with any claim fairly and well. However, in raising this issue, my point is the future health and quality of life of many of those who have been affected in this way is unknown. They do not know what the future will hold for them and many are surprised they have got to this point. It is important for them that within such an environment of uncertainty, they are clear on where the State and the Government stand in respect of their claim and on how we wish to support them in the future.

Second, I am aware that previous Attorneys General have indicated the State does not have legal culpability with regard to what happened. I can understand the reason such a claim could be made in a purely legal manner. However, even were this true - I do not doubt what the Attorneys General have stated - the Government has a wider moral responsibility in respect of the failure of care to these people when the Irish State and Government became aware of the potential impact of this drug on their lives and on what could happen as a result of non-action. I raise this issue because the number of people involved is known to the State and given what happened over the summer, I ask the Government to ascertain whether further action can be taken and whether it can undertake further dialogue with such survivors to ensure they are not obliged to pursue their individual plights with the injuries board. I thank the Ceann Comhairle for the opportunity to raise this issue and I await the Minister of State's response to these points.

Ciarán Cannon (Galway East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am pleased to take this opportunity to outline, on behalf of the Minister for Health, the Government's position on the Irish survivors of thalidomide. The commitment in the programme for Government is to reopen discussions with survivors and this is what the Government is committed to doing. The Government recognises the challenges that persist for thalidomide survivors as they get older. In recognition of this, the Minister has proposed an ex gratia payment and a health care assessment package. The Minister, Deputy Reilly, has met both groups representing Irish survivors of thalidomide and has been trying to make progress on reaching an agreement that takes account of their concerns and in particular, their health and personal social care needs. The State has been making payments to Irish survivors of thalidomide since 1975 although it does not bear a legal liability. The payments were designed to augment payments made by the German foundation set up specifically under German law to compensate survivors of the drug. When German and Irish payments are combined, most individuals receive €30,386 per annum or €2,572 per month tax-free. Moreover, each individual is automatically entitled to a medical card.

The Irish Thalidomide Association has stated it fundamentally disagrees with the State's position and is unwilling to engage on this basis. In July 2012, the Irish Thalidomide Association, through its solicitor, submitted 17 personal-injury claims to the Minister. The Minister has asked the State Claims Agency to consider the submissions. The Irish Thalidomide Survivors Society, ITSS, has written to the Health Service Executive, HSE, regarding the extent and scope of the assessment process. Some major issues raised by the society unfortunately are outside the remit of the Department of Health. The Minister has requested the ITSS, in good faith, to continue to engage and participate in a health care assessment process in order to assist the HSE in addressing the future health care needs of Irish survivors of thalidomide. An assessment process will be managed by the HSE through Beaumont Hospital. The Minister wishes to make clear he always is available to meet representatives of survivors of thalidomide and is committed to a non-statutory solution.

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for his response and acknowledge the Government and the Minister are committed to resolving this matter. I raise it because we have reached a significant point in the issue's development on foot of the decision made by the Irish Thalidomide Association to initiate individual actions. I urge the Government to do all it can to render unnecessary this action. My concern is one must be careful regarding language such as, for example, a financial gesture of goodwill. While I understand the reason one might choose such language, these people genuinely deserve, on a moral level, far more than a gesture of goodwill from the State. I urge the Government to do all it can to ensure the commitment contained in the programme for Government is delivered in an imaginative and creative manner because having met people who deal with this issue in their day-to-day lives, I believe they do not consider this to be the case, which is the reason they have taken the individual actions. I urge the Government to do all it can to ensure their fears are not met and that it responds to them in the manner I believe it should.

Ciarán Cannon (Galway East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I certainly undertake to pass on Deputy Donohoe's concerns to the Minister. I again assure him that at this point, the Minister's principal concern is to provide a health care package, as well as meaningful discussions on what he describes as a financial gesture of goodwill. I would be interested to hear what Deputy Donohoe's alternative wording might be for this gesture for the survivors. The Minister is ambitious to provide a reasonable and compassionate response aimed at meeting the medical and other needs of survivors over the coming years.