Written answers

Tuesday, 6 November 2012

Department of Health

Compensation Awards

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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To ask the Minister for Health the reason he has reneged on the promise he made to Positive Action while in opposition to look at the classification of women infected with Hepatitis C to allow them to claim compensation; and if he will make a statement on the matter. [47286/12]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I have been in contact with Positive Action in relation to this matter and I am satisfied that the present legislation is fair and reasonable and I have no plans to amend it. However, I will, of course, review any new information which becomes available in relation to this matter.

Section 4 of the Hepatitis C Compensation Tribunal Act (No.34 of 1997), as amended, sets out the categories of persons who can make a claim before the Compensation Tribunal. This Act was amended in 2006 by the Hepatitis C Compensation Tribunal (Amendment) Act, 2006 (No. 22 of 2006) to provide a clear definition for "diagnosed positive for Hepatitis C".

While I am sympathetic to the small number of women in question who have tested negative for Hepatitis C, it is estimated that up to 16,000 women in Ireland were exposed to potentially infectious batches of Anti-D. Approximately 1,000 of these women were infected with Hepatitis C and were therefore eligible to apply to the Tribunal for compensation. However, extending eligibility to those who have tested negative for Hepatitis C would have significant implications for the compensation scheme overall.

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