James Reilly (Dublin North, Fine Gael)
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Question 240: To ask the Minister for Health and Children the details on the advisory group on no fault compensation for brain-damaged infants, including the terms of reference of the group; when the group was set up; the dates the group has met since establishment; the date the group will report; and if she will make a statement on the matter. [42891/09]

James Reilly (Dublin North, Fine Gael)
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Question 241: To ask the Minister for Health and Children the reason the advisory group on no fault compensation for brain-damaged infants has not met since its last meeting scheduled for May 2008 was cancelled; and if she will make a statement on the matter. [42892/09]

Mary Harney (Dublin Mid West, Independent)
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An advisory group was established to examine the feasibility of establishing a no fault scheme for infants who suffered cerebral damage at, or close to, the time of their birth. The Group is chaired by Dr Peter McKenna and the membership is made up of those with particular expertise to bring to the subject, including:

The Institute of Obstetricians and Gynaecologists, Royal College of Physicians of Ireland

The Faculty of Paediatrics, Royal College of Physicians of Ireland

The Incorporated Law Society

The Bar Council of Ireland

Justice and Equality for Brain Injured Babies

The Central Remedial Clinic

Department of Legal Medicine, UCD

The Office of the Attorney General

The Department of Health and Children

The Department of Finance

Terms of reference - Advisory Group on No Fault Compensation for Brain-Damaged Infants:

1. To examine the equity, effectiveness and appropriateness of existing arrangements

for compensating persons who suffer cerebral damage at, or close to, the time of

birth.

2. To review the clinical literature and other evidence on the causes of cerebral injury

in infants.

3. To review the existing legal framework within which persons seeking compensation

must process their claims.

4. To collect appropriate data on the incidence of brain damage caused in infancy.

5. To review existing services for persons who suffer cerebral injury.

6. To examine alternatives to that tort system whereby the care of brain damaged infants

can be provided for including systems based on the no fault principle.

7. To examine strategies that might be used to reduce the incidence of cerebral damage

at birth.

8. To make such recommendations as the group sees fit.

The Group had undertaken a significant amount of work by early 2004 when it ceased to meet due to the dispute with hospital consultants on the introduction of the Clinical Indemnity Scheme. In 2006 I asked the chairman, Dr. Peter McKenna, to reconvene the group with a view to having a report produced. The Group met on a regular basis until 2008. Due to the pressure of other commitments in 2008 and 2009 it has not proved possible to complete the report to date. However, members of the Group have continued to be in contact and work on the preparation of the report has continued. It is intended that a meeting of the Group will be convened in order to review progress in the New Year. I will await the Group's report before giving further consideration to a wider no fault compensation scheme for the health services.