Finian McGrath (Dublin North Central, Independent)
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Question 157: To ask the Tánaiste and Minister for Health and Children if a person will be able to establish entitlement to compensation and health provision under the new Hepatitis C Compensation Bill; and if he will clarify this matter. [26906/06]

Finian McGrath (Dublin North Central, Independent)
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Question 158: To ask the Tánaiste and Minister for Health and Children the reason the IHS, IKA, PA and TA were not informed of the radical proposals to the Hepatitis C Compensation Bill 2006; and if she will make a statement on the matter. [26907/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 157 and 158 together.

The Hepatitis C Compensation Tribunal Act 1997 and 2002 provide for a no-fault compensation scheme for persons who were infected with Hepatitis C, or HIV, or both, from the administration within the State of infected blood or blood products, including Anti-D Immunoglobulin and products used to treat persons with haemophilia or other blood clotting disorders.

Under the Health (Amendment) Act 1996, a person who in the opinion of the Chief Executive Officer of the Health Service Executive has contracted Hepatitis C directly or indirectly from the use of Anti-D or the administration of blood or blood products within the State, is entitled to a range of health and personal social services, regardless of means. The Hepatitis C Compensation Tribunal (Amendment) Bill, 2006 provides for a new definition of Hepatitis C diagnosis for the purposes of the Hepatitis C Compensation Tribunal Acts 1997 and 2002. Briefly, persons making claims after 20 June 2006 will have to show that they have tested positive for Hepatitis C with one of a list of internationally recognised diagnostic tests for Hepatitis C, or that they had an acute episode of jaundice within 16 weeks of the administration of Anti-D, in order to be eligible to apply for compensation. The Bill also provides that the same definition will apply to the Health (Amendment) Act 1996. Applications seeking to establish entitlement to relevant health care services lodged with the HSE prior to 20 June, 2006 will not be affected.

As I advised the House during the debate on the Bill last week, certain sections of the Bill were drafted as a result of litigation and for legal reasons I was unable to discuss their content in advance of publication on 20 June last.