Danny Healy-Rae (Kerry, Independent)
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182. To ask the Minister for Health if he will provide clarification on a request by a group (details supplied); and if he will make a statement on the matter. [53717/22]

Mary Butler (Waterford, Fianna Fail)
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In April last, the Government approved a Compensation Scheme for individuals identified as affected by the Maskey Report. The Scheme is managed by the State Claims Agency (SCA,) which has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities, including the HSE. Such a compensation scheme was called for by many mental health advocates, including families in South Kerry.

The HSE have confirmed that around 120 applications have been received for the compensation scheme to-date. It is designed to provide full compensation in line with a court ruling but without the stress for families of court proceedings. As was indicated at the launch of the Scheme, families needed to engage a solicitor to apply on their behalf. This was done via the HSE, who then notified the SCA which took over and managed the whole process.

Up-front non-refundable payments of up to €5,000 were made available to those confirmed as eligible for the scheme to allow them discharge expenses immediately incurred, including cost of any independent expert psychiatric reports. Following various representations made to the Minister and the HSE, it was subsequently decided that the State Claims Agency could make a payment on account of up to €10,000 of General Damages to verified applicants of the compensation scheme, which payment will be deductible from any final assessment of Damages to be made in each claim. This is separate and in addition to the payment on account of €5,000 pursuant to the Scheme to assist in discharging any initial expense that may have been or will be incurred and it does not involve a change to the Scheme.

If an individual or family have specific issues about the Scheme, and for some reason they or their legal representatives do not have contact details for the SCA, they should raise concerns with HSE CHO4 for advice or assistance, including contact with the SCA.

It would not be appropriate for the Minister or the Department to become involved in operational details relating to a State compensation scheme. The priority for the Minister is that the HSE and SCA address collectively such issues at local level to progress individual cases.