Pearse Doherty (Donegal South West, Sinn Fein)
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Question 565: To ask the Minister for Health if he intends to pilot a no-fault compensation scheme for children who suffer catastrophic birth injuries, utilising scarce resources to support families rather than paying massive legal bills. [4810/12]

James Reilly (Dublin North, Fine Gael)
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While I have no plans at present to introduce a pilot no-fault compensation scheme for children who suffer catastrophic birth injuries, this is an area I am asking my Department to explore.

Meanwhile, I am advised that the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court, Mr Justice Kearns, and chaired by Mr Justice Quirke, is currently working on its report concerning the introduction of a Clinical Negligence Pre-action Protocol in Ireland, similar to that which operates in England and Wales. The purpose of introducing such a Protocol, which would have special application to cases involving catastrophic birth-related injuries, is to ensure the resolution of such cases as soon as is possible without the necessity for litigation. If adopted, this approach would save on legal costs and, importantly, preserve the patient/health care provider relationship. I understand that the introduction of such a pre-action protocol would require a statutory amendment to permit the necessary changes to the Rules of Superior Courts.

The Working Group referred to above has already made recommendations regarding the introduction of legislation to facilitate courts making provision for structured settlements or 'periodic payment orders' in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. These reform initiatives are ultimately a matter of responsibility for the Minister for Justice and Equality.