Written answers

Tuesday, 8 September 2020

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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1280. To ask the Minister for Health if his attention was drawn to clusters of Covid-19 in Letterkenny, County Donegal in late August 2020 which was referred to by a local general practitioner (details supplied) on social media; and if he will make a statement on the matter. [21938/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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As the Deputy is aware, following a Cabinet meeting on Tuesday 18 August, 2020 the Government decided to implement a number of enhanced public health measures in an effort to stop the spread of COVID-19.

These measures were introduced in response to an increase in the number of cases in recent weeks, with multiple outbreaks across workplaces, households, and in sports clubs. Internationally we have also seen a significant acceleration in the spread of COVID-19.

The measures introduced were required to protect the vulnerable in our communities, enable schools to reopen and support the resumption of health services.

As the Deputy will no doubt appreciate I am not in a position to comment on individual cases or outbreaks in order to protect the privacy and confidentiality of those involved.

The Departments of Public Health within the Health Service Executive (HSE) respond to notified cases or outbreaks of Covid-19. A risk assessment of the situation is carried out and appropriate investigations are undertaken and control measures put in place. If Public Health determines there is an outbreak, an Outbreak Control Team is convened who would then advise on control measures.

I would like to also draw the Deputy's attention to the “Return to Work Safely Protocol - COVID-19 Specific National Protocol for Employers and Workers” which was published on 9 May, 2020 by the Minister for Business, Enterprise and Innovation. It provides clear guidance to employers and to workers on the measures that must be taken to prevent the spread of COVID-19 in the workplace.

The Protocol is mandatory, and it applies to all workplaces right across the economy.

Specific sectors may need to introduce additional safeguards, but this document sets out the standard set of measures to provide protection against the threat of COVID-19. It is a matter for the employer to make decisions relating to actions to be taken in the event of an outbreak of COVID-19 in a workplace. This should be described in the COVID-19 Response Plan to be developed by all employers and which is a requirement of the Protocol. In addition, the relevant HSE department of public health HSE will also be available to assist and advise employers as to the appropriate steps that should be taken if such an outbreak occurs, given the particular circumstances of the site in question.

The Health and Safety Authority (HSA) is tasked with providing advice and support to employers and employees on what and how COVID-19 measures are applied in the workplace. Guidance on the Protocol should be sought from the HSA Helpline which can be contacted at 1890 289 389 or wcu@hsa.ie.

The Deputy may also wish to note that the Health Protection Surveillance Centre (HPSC) has published a range of guidance on COVID-19 documents for contractors, employers and employees. These guidance documents are available on the HPSC website at .

Public health advice in operation at a point in time is available on the Government website at

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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1281. To ask the Minister for Health his views on legal protections and exemptions for pharmaceutical corporations which will produce a Covid-19 vaccine, as highlighted by a newspaper (details supplied); his views on a no-fault, non-adversarial compensation system with a civil liability exemption; his plans in this regard; and if he will make a statement on the matter. [21941/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The National Public Health Emergency Team (NPHET) recommended that a COVID-19 Immunisation Strategy Group, chaired by the Department of Health, and informed by the National Immunisation Advisory Committee (NIAC), be convened. The inaugural meeting of the Group took place on the 26 August 2020. The purpose of the Group is to advise on and assist in the development of national policy relating to COVID-19 vaccines. Liability issues associated with the vaccines will be considered in this context.

In June 2018, the Government agreed to the establishment of an Expert Group to review the law of torts and the current systems for the management of clinical negligence claims chaired by High Court Justice Charles Meenan.

The Expert Group examined the system from the perspective of the person who has made the claim to explore if there is a better way to deal effectively yet more sensitively with certain cases. In this process the Group also looked at the impact of tort legislation on the overall patient safety culture and open disclosure. Judge Meenan submitted the final report of the Expert Group on the Reform of the Law of Torts and the Current System for Managing Clinical Negligence Claims on 17 January 2020. One of the report’s recommendations is that a compensation scheme be established to deal with certain vaccine damage claims.

On foot of a request from my Department, the Health Research Board carried out an evidence review on vaccine injury redress programmes in other jurisdictions and this was completed in March 2019.

The Expert Group’s report, in addition to the HRB's evidence review, and consultation with other Government Departments and relevant State agencies will inform the development of a proposal regarding the establishment of any compensation scheme.

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