Written answers

Wednesday, 17 January 2024

Department of Health

State Claims Agency

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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1539. To ask the Minister for Health the total number of adverse incidents reported to the State Claims Agency which related to the Health Regulation of Termination of Pregnancy Act 2018 in each of the past five years and to date in 2023; the details of the outcomes of claims taken against the State in relation to the Act; the number of claims settled or ongoing; and if he will make a statement on the matter. [56712/23]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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1540. To ask the Minister for Health the number of persons who are taking or have taken cases against the State alleging that their unborn baby was wrongfully diagnosed and subsequently aborted; the number of claims notified to the State Claims Agency; and the number of cases ongoing and the number of cases which have been settled. [56713/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 1539 and 1540 together.

The State Claims Agency (SCA) has a statutory remit to manage personal injury claims on behalf of Delegated State Authorities including the Health Service Executive.

I have been informed by the SCA that 150 incidents have been reported to the Agency from 01/01/2018 to 20/12/2023 relating to Termination of Pregnancy.

Table 1 - Termination of Pregnancy Incidents reported per year

Incident Reported Year 2018 2019 2020 2021 2022 2023 Grand Total
Number of Incidents 2 27 36 33 28 24 150

The SCA has two ongoing claims from persons alleging that their unborn baby was wrongfully diagnosed with a condition sufficient to bring them within the scope of the Health Regulation of Termination of Pregnancy Act 2018. It is inappropriate to provide the years of claims, as to do so could have the effect of identifying individual cases.

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