Dáil debates

Thursday, 18 July 2013

Topical Issue Debate

Thalidomide Victims Compensation

3:25 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I am aware the Acting Chairman, Deputy Jack Wall, has an interest in this issue and I am pleased the Minister of State, who has also demonstrated a keen interest in it over many years, is present for this discussion.

I view the 32 victims of the thalidomide drug in the context of two other important groups, namely, the victims of symphysiotomy and the women survivors of the Magdalen laundries. I am ashamed that my political party did not resolve these issues while in government. I have paid tribute in the House to the Taoiseach who got off to a rocky start on the Magdalen laundries when he failed to offer an immediate apology. We are informed from media reports that members of the Labour Party jumped up and down and the result was the completion by Mr. Justice Quirke of a comprehensive report which makes a significant offer to the Magdalen women, albeit one that does not satisfy all of them.

The issue of symphysiotomy has been raised again in recent days, including on Leaders' Questions this morning. People are wondering what action will be taken on the issue and victims of the practice are afraid the Government will make an announcement during the recess period which will not be to their satisfaction.

The survivors of thalidomide do not appear to receive the attention they deserve. Last Tuesday, the Taoiseach indicated in response to my party leader, Deputy Martin, that the Minister for Health had been in discussions with thalidomide victims who are, unfortunately, represented by two groups.

In fairness to the Taoiseach when I put it to him on the following Thursday he corrected the record by stating that senior departmental officials had been in touch with thalidomide victims. One of those organisations has advised me that it has had no contact from senior departmental officials and so frustrated is it that in the past two to three weeks it has issued legal proceedings.

In appealing to the Minister of State I know I am appealing to somebody with understanding of and sensitivity to the issue. Given that only 32 people are affected the amount of money involved to resolve this is small. However, it is not just about money but also about the State apologising for having done the victims a serious wrong. It is about putting in place a proper social-care plan for these people, many of whom are very seriously debilitated. Their disabilities are being exacerbated by their increasing age and their careers are being affected by virtue of trying to look after them. They will report, as I know they have reported to the Acting Chairman, Deputy Wall, that everything is a struggle for them. It is a struggle to extract from the State what should be clear and direct supports given what the State ultimately did to them when they were born just over 50 years ago.

We can point to what is happening in Germany and the increased compensation from the manufacturer of the drugs, which is fair enough. While it might be too little too late, at least it is happening. However, what might be happening in Germany does not absolve this State of its responsibility.

I again appeal to the Minister of State to prioritise this small group of people to ensure they are not made wait any longer for justice.

3:35 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

Efforts were made behind the scenes to resolve the issue. I will read the reply, but it is not all in the reply.

I am pleased to take this opportunity to outline the current position on Irish survivors of thalidomide. The programme for Government includes a commitment to reopen discussions with Irish survivors of thalidomide. Given the challenges that persist for each individual, the Government's aim is to address the health and personal social-care needs of thalidomide survivors living in Ireland.

Senior officials from the Department of Health recently met both representative organisations - the Irish Thalidomide Association and the Irish Thalidomide Survivors Society. I am sure the Deputy will have something to say about that once I conclude. The Department became aware that the German foundation is set to substantially increase its monthly payments to thalidomide survivors, including Irish survivors, with effect from 1 August 2013 backdated to 1 January 2013.

The Department was also advised of a significant condition applying to the payments by the German foundation which required to be clarified with the German Ministry. The State did not wish to take any action which would jeopardise current or future payments to Irish survivors of thalidomide by the German foundation. Therefore, the Department requested the State Claims Agency, as it is managing the personal injury claims against the State relating to thalidomide, to meet with the German ministry and report back on the conditions applying to the new payments for Irish survivors of thalidomide. This meeting took place two weeks ago. I can confirm it took place.

The new German law provides for an increase of between 140% and 500%. From 1 August, Irish survivors of thalidomide will receive tax-free payments of up to €6,912 per month with the majority receiving over €4,000 per month. This increase will be backdated to 1 January 2013. In addition the German foundation pays the majority of Irish survivors of thalidomide an annual special payment of €3,680.

As I stated previously, the new German law attaches a condition to the increased payments to be made by the foundation. All monetary benefits paid by other governments will be offset against benefits paid by the German foundation, with the exception of the annual special payments. Significantly, this will result in any payment made by the Government to Irish survivors of thalidomide being offset against the increased payments to be paid by the German foundation. The Government currently pays most Irish survivors €1,109 per month. In addition the German Foundation has been provided with an annual sum of €30 million for a fund for special benefits for survivors of thalidomide including Irish survivors. This is new funding and we understand is available for additional medical requirements including rehabilitation services, aids and appliances and dental surgery.

We will be in contact with all Irish survivors of thalidomide and their legal advisers in the near future with proposals to progress issues having regard to the fact that the Minister has been served with personal injury claims in respect of a number of Irish survivors of thalidomide.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I seek clarification. The Minister of State is effectively saying that any financial compensation paid by the State now would be offset by the German authorities, which seems to be very unfair. While on the one hand there is a German responsibility, there is also an Irish responsibility. Obviously that matter remains to be further debated.

Will the Minister for Health meet the two groups and intervene directly? I believe some months ago the Taoiseach indicated that he would but it has not happened. At the end of the day this is not all about money. It is about care and the State accepting its responsibility. Notwithstanding what the Germans are doing I do not believe there is any reason the State cannot move now to ensure a proper social-care package is put in place for these 32 people. They may not all need it, but many of them do.

Will the Minister for Health meet the organisations and can we do something immediately about the social care packages?

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour)
Link to this: Individually | In context | Oireachtas source

I will give some additional pieces that may be of interest because I am very conscious we are not the only people listening to this debate.

Both groups and their legal advisers have been informed of the Department's position. The Department does not take credit for the increase in payments by the German foundation but needed to clarify issues on the new proposals. As the Deputy rightly said it is unfair but it was worth doing to find out exactly where it was at. The Government's aim is to address the health and personal social-care needs of thalidomide survivors living in Ireland. I agree with the Deputy that this is not all about money but is about an overall care package that we need to put in place. Proposals will be put to Irish survivors of thalidomide to progress matters in the very near future.

I cannot answer as to whether the Minister for Health will meet a representative group or any individual from either group. Once the position is clearer I could not see any difficulty in that happening. However, I cannot answer for him and I hope the Deputy accepts that.