Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 203: To ask the Tánaiste and Minister for Health and Children if she intends to fulfil a written commitment to establish a no fault compensation scheme for psychiatric nurses; and if she will make a statement on the matter. [20509/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Psychiatric nurses can currently avail of the Revised Physical Assault Scheme 2001 which provides support to nurses who have suffered serious injury. This scheme provides for enhanced sick pay arrangements and medical expenses. In circumstances where a nurse is certified permanently unfit to resume duty they may be paid 5/6 of full salary until retirement. However, the psychiatric nurses have sought an additional compensation scheme for assaults in the course of their work. In 2002 a Taskforce was established to: examine the incidence of assaults on nurses and the level of injury therefrom; investigate the reasons for such assaults with a view to putting in place of effective preventative measures; put forward proposals for an appropriate compensation scheme for nurses injured through assault at work, such proposals to have regard to the special position of psychiatric nurses; and, prepare and present a report of its findings and recommendations to the Minister for Health and Children.

The then Minister for Health and Children undertook to accept and progress the findings of the Taskforce within an agreed time scale. The PNA acknowledged the complexities associated with the introduction of a Compensation Scheme for nurses assaulted in the course of their work. The Minister confirmed that the Government would have regard to the findings of the Taskforce as part of the decision making process on an appropriate compensation scheme.

In considering the Report of the Taskforce, complex legal and financial issues emerged in relation to aspects of the proposed scheme and their implications for the health service and the wider public service. As a result the Government decided in July 2005 not to introduce a "no fault" compensation scheme for psychiatric nurses. I confirmed this position to the nurses' representatives at a meeting on 13 July 2005.

Following the Government decision it was decided to request the State Claims Agency (SCA) to examine the possibility of amending the Revised Serious Physical Assaults Scheme (2001) to include a fixed redress fund for physical injury caused by assault at work. The SCA was requested to report on the feasibility, implications and estimated costs of this option. The report of the SCA was received by my Department in December 2005.

Further consultations have taken place with the Department of Finance, the SCA and the Office of the Attorney General. This issue was recently discussed at the Labour Relations Commission (LRC) and a further meeting under the auspices of the LRC will take place on July 5th 2006. I expect to be in a position to bring the matter to Government for further consideration in the next few months.