Paul Kehoe (Wexford, Fine Gael)
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Question 265: To ask the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that in 1982 a Government-appointed team found that 14 children here who were brain damaged following receipt of the three in one vaccine injection had a reasonable probability of being adversely affected by the vaccine used; her plans to set up a tribunal to investigate the matter as promised; and the options which are open to the parents in question in terms of obtaining further compensation and an apology from the state for wrongdoing and negligence. [10845/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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In November 1977 the then Minister for Health established the expert medical group on whooping cough vaccination to examine persons who, it claimed, had been permanently damaged by whooping cough vaccination, to review the medical information available in relation to them and to indicate whether, in its opinion, the damage was attributable to the vaccination.

There were 93 cases presented to the expert group, which found that there was a reasonable probability that the vaccine was responsible for damage in 16 of these cases. Where there was a reasonable doubt in any case, the group gave the benefit of that doubt to that person. In 1982, an offer of an ex-gratia payment of £10,000 was made in 14 cases with a further two offers in 1984, on condition that no claim would be made on the child's behalf in respect of the whooping cough vaccination. There was no acceptance of liability on the part of the State or any public authority. Award of the ex-gratia payment was on condition that the persons concerned waived any further liability against the State or any public authority. The expert group reviewed all the cases that came before it and is no longer sitting.

I presume the Deputy's reference to a tribunal relates to the introduction of a no-fault compensation scheme as recommended by the Oireachtas Joint Committee on Health and Children in its report on childhood immunisation. The feasibility of introducing a vaccine damage compensation scheme is currently under examination in my Department. The process is at an advanced stage and will be given priority in the Department's 2006 business plan.