Vol. 479 No. 2
87 Mr. E. Byrne asked the Minister for Health if he will give details of the grounds on which a person (details supplied) in Dublin 12 can apply for aggravated damages; and if he will make a statement on the matter. [12496/97]
Limerick East): The Hepatitis C Compensation Tribunal Bill was published on Friday, 9 May 1997. It is the Government's intention that the Bill be enacted at the earliest possible date. To this end, the Bill will be debated in the Houses of the Oireachtas in the coming days.
The Bill incorporates a provision to enable claimants at the tribunal to establish an entitlement to aggravated or exemplary damages. The Government has decided that claimants after establishing their claim for damages —i.e. general and-or special damages-at the Compensation Tribunal, will have two options: they can seek to establish their entitlement to aggravated or exemplary damages at the Compensation Tribunal or accept a payment from a special reparation fund which will be established by the Government. This payment will amount to 20 per cent of the total amount of the award of damages — i.e. general and-or special damages made by the Compensation Tribunal. The reparation fund would have the following advantages for the claimant; simplicity; ease of calculation, certainity of result and early conclusion.
