Anne Ferris (Wicklow, Labour)
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Question 992: To ask the Minister for Health in view of the EU Commissioner for Health and Consumer Policy's statement that blanket bans on gay men giving blood is contrary to EU law and in view of the United Kingdom's decision to reverse its outright ban on gay men giving blood, if he will commit to reversing the ban on gay men giving blood here; and if he will make a statement on the matter. [24020/11]

James Reilly (Dublin North, Fine Gael)
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The European Commission recently affirmed that EU Directive 2004/33/EC on certain technical requirements for blood and blood components states that blood establishments in Member States should defer as donors http://ec.europa.eu/commission_2010-2014/dalli/index_en.htm"persons whose sexual behaviour puts them at high risk of acquiring severe infectious diseases that can be transmitted by blood." The Commission also noted that "'sexual behaviour' is not identical with 'sexual orientation'". It also noted that Member states are obliged to implement EU Directives in full respect of the EU Charter of Fundamental Rights, and notably of its Article 21 which prohibits discrimination on the ground of sexual orientation.

In Ireland, to assure the continued safety of the blood supply, the IBTS currently asks those people who may have a particularly high risk of carrying blood-borne viruses not to give blood. This includes men who have ever had sex with another man / men (MSM). The reason for this exclusion rests on specific sexual behaviour (such as anal and oral sex). There is no exclusion of gay men who have never had sex with a man nor of women who have sex with women. The decision is not based on sexuality or orientation, but on specific actions.

The IBTS has a responsibility to ensure that there is a sufficient supply of safe blood to meet the needs of patients. In order to supply blood for transfusion all decisions on donation criteria are based on a review of the evidence bearing in mind the desire of individuals to donate, the safety of the recipient, and the tolerance of society in general of any transfusion related infection occurring. For Ireland, the view of IBTS is that taking all of these aspects into account, a permanent deferral for men with a history of MSM behaviour should remain in place. This and donor deferral policy in general will be kept under constant review.

The exclusion of men who have/or had sex with other men (MSM) from donation is based not only on risk factors for HIV but on other blood borne agents known to be associated with MSM behaviour.

MSM continue to be over-represented in donors who test positive for blood borne infections. Irish HIV statistics compiled by the National Disease Surveillance Centre show that the number of new cases of HIV in the MSM category comprised roughly 30% of new cases in 2009/2010 (138 out of a total of 395 cases and 134 out of a total of 331 cases in each year respectively) . While there has been a reduction in the number of new cases of HIV, there is a continued rise in the number of new HIV cases among MSM, who are now the majority of new cases of HIV infection in Ireland.