John Perry (Sligo-Leitrim, Fine Gael)
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Question 248: To ask the Tánaiste and Minister for Health and Children further to the reply to Parliamentary Question No. 104 of 18 October 2005 if a process will be reviewed with regard to a no fault compensation for babies who are brain damaged at birth; if the reply to this issue will be approached again from the point of view of the parents as guardians of a brain damaged baby at birth; her proposals to remove the need of parents going to court to get funding to look after these children; the services that are available to parents who fail to prove a case in court and who are often left with little assistance; and if she will make a statement on the matter. [3097/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The position on the introduction of a no fault compensation scheme for infants who suffer brain damage at or close to birth remains unchanged. The Attorney General has raised serious concerns about the constitutional implications of establishing no fault compensation schemes. In the light of this advice it would not be prudent to establish such a scheme. Parents of infants who suffer cerebral damage at birth are entitled to pursue claims for damages on behalf of such infants where they believe that the standard of care delivered to their child fell below that which would generally be expected. The bulk of the damages awarded in successful claims go to meet the lifetime care costs of the child. Where there are no grounds for taking a personal injury claim, or where the claim is not successful, the children concerned are eligible for the same range of services as other children with disabilities not caused by birth-related injuries.