Joan Burton (Dublin West, Labour)
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Question 577: To ask the Minister for Health and Children her position in respect of the treatment of women exposed to contaminated anti-D in State run hospitals; her views on whether women could have been exposed to contaminated anti-D and developed symptoms consistent with Hepatitis C even though they may test negative for the disease; the number of women that are estimated to have fallen into this category; her plans to amend legislation in order to allow these women the prospect of legal remedy through the compensation tribunal or otherwise and to avail of medical supports put in place to treat women exposed to contaminated anti-D; and if she will make a statement on the matter. [31977/10]

Mary Harney (Dublin Mid West, Independent)
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The entitlement of an individual to services under the Health (Amendment) Act, l996 now rests with the Chief Executive Officer of the Health Service Executive (HSE). The Chief Executive Officer is bound by the definition of eligibility inserted in the Health (Amendment) Act 2006 by section 6 of the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received after the specified date of 20th June 2006. In respect of persons who have made an application after 20th June 2006, the legal position is clear and unambiguous.

In respect of persons who made an application before that date, the Chief Executive Officer is still obliged to satisfy himself that the applicant was infected with Hepatitis C. In that regard, I have asked the HSE to take account of any relevant decision of the Hepatitis C & HIV Compensation Tribunal on the basis that the Tribunal arrives at its decisions after careful consideration of expert testimony.

I have given a great deal of consideration to the issue of women who have neither a positive test result nor a positive Tribunal decision in their favour and I am very sympathetic to the women in question. While this cohort of women who have tested negative for Hepatitis C has had, and may continue to have, a variety of symptoms, there is no scientific proof that the symptoms are specific evidence of Hepatitis C infection. Some symptoms of Hepatitis C, such as fatigue, fibromyalgia and depression are common conditions that occur in the general population. It is estimated that up to16,000 people were exposed to potentially infectious batches of Anti-D and approximately 1,000 of these people were infected with Hepatitis C. I have to take into account the rationale which led to the clarification of eligibility requirements in 2006 and accordingly, I do not envisage a change in the current eligibility requirements.

I should point out that the women in question are entitled to apply for a regular medical card. Application forms for a medical card are available from the HSE's local health offices. The HSE has discretion to award a regular medical card to a person whose income is over the financial guidelines, where the HSE decides that the financial burden of medical or other exceptional circumstances would cause undue hardship.