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Dáil Éireann debate -
Tuesday, 7 Nov 2000

Vol. 525 No. 2

Written Answers. - No Fault Compensation Scheme.

Paul McGrath

Question:

431 Mr. McGrath asked the Minister for Health and Children the progress made regarding the no fault compensation scheme for babies who suffer brain damage through medical negligence; when the legislation will be brought forward; and the timescale for the introduction of this scheme. [23849/00]

In December 1999 the Government decided that the question of introducing a no fault compensation scheme for brain damaged infants should be examined in the context of Irish law. My Department has appointed Marsh Ireland as its advisers on the actuarial basis for such a scheme as well as to advise on the proposed introduction of enterprise liability as the future basis for indemnifying doctors. I also hope to be able to announce shortly the appointment of an advisory group to look at the no fault issue.

The introduction of a no fault scheme raises complex medical and legal issues. Until I receive the report of the advisory group, I cannot anticipate the nature or the extent of the legislation which would be required to give effect to a no fault scheme, if the advisory group were to recommend that such a scheme was feasible in Ireland. For the same reason I cannot give a time scale for the introduction of any scheme.

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