Mary Harney (Dublin Mid West, Progressive Democrats)

The State could have appealed that decision only on a point of law. Anybody who goes to the tribunal is entitled to appeal to the court, whether he or she received no award from the tribunal or was not satisfied with the award made by the tribunal. There is a case pending to be heard soon. This Bill does not affect any of those cases.

In respect of the 40 persons mentioned by Senator Ryan, they would have made an application to the tribunal or an application is in process. Why, almost ten years later would they not have done so? Why did all the experts consulted believe unanimously that the health card should be given only on the basis of this test but we should use other criteria for deciding compensation? I do not accept that because surely if one has an illness one needs the health benefit and the compensation would be of little benefit.

The health benefits reassure people. Only yesterday, a person who got an award through the tribunal, but did not qualify for the health card because she did not test positive, contacted my office to say how much she appreciates the fact that people in such circumstances will now receive the health card. She said it is reassuring for them because they do not have to worry about their health needs. The health card can be used not only for health services, but also for home help services, respite care and other similarly essential services.

The National Virus Reference Laboratory at University College Dublin, which is headed by Professor William Hall, who is a national and international expert in this area, accepts that this is the definitive test. There is no consensus among medical experts, to the best of my knowledge, that fatigue, dry eyes, aches and pains and depression are symptoms which can be attributed to hepatitis C.