Dáil Éireann debate -
Tuesday, 1 Apr 2003

Vol. 564 No. 1

Adjournment Debate. - Occupational Injuries Scheme.

Mr. Finneran

I thank the Ceann Comhairle for permitting me to raise this matter. I bring it to the attention of the House as a result of representations made to me by retired coal miners, particularly those who used to work in Arigna, County Roscommon. They are part of a small group of retired coal miners most of whom are between the ages of 50 and 60. While many are from Arigna, others come from the Leas-Ceann Comhairle's Kilkenny constituency as well as from Tipperary.

Suffering from chronic emphysema and bronchitis does not entitle one to disability benefit, which is an injustice to the miners on whose behalf I raise this matter. This is an injustice to the people involved. Disability benefit is paid where an insured person suffers loss of physical or mental faculty as a result of an accident at work or through contracting a prescribed occupational disease. The level of payment awarded depends on the degree of loss of a faculty which is medically assessed and the prescribed occupational diseases are specifically listed in social welfare legislation. Any disease not listed does not come under the scope of the scheme. The reason I have tabled this matter is that these debilitating diseases are not included. A small number of people, particularly in the Arigna coal mines area, are excluded and are being discriminated against on the basis that these conditions are not on the prescribed list in the Department of Social and Family Affairs.

Constituents of mine applied for disability benefit over a period in respect of these conditions. While they have been treated with the courtesy that is usually available from the Department of Social and Family Affairs, the end result is that, irrespective of medical evidence or appeals, departmental officials have informed them that because these are not on the prescribed list, they cannot be accommodated. A change is needed in the legislation regarding this matter.

I understand that similar conditions are on the prescribed list in the UK and that people who suffer from these conditions, chronic emphysema and bronchitis, are entitled to the equivalent of disability benefit in that jurisdiction. I do not see why people here should be discriminated against. The number of people involved is small and limited to only a few locations. In my constituency, particularly in Roscommon, there are fewer than 20 people in this category. I do not have information in respect of other counties, for example, Kilkenny, Tipperary or other places where there are coal mining industries, but I am sure the numbers are not great. Many of the other conditions that coal miners suffer from are accommodated under the prescribed list.

I am informed, as a result of my representations, that a committee is evaluating the position of these illnesses and that this committee has not yet reported to the Minister. While little has been said or written about it over the years, it is opportune that this matter should become a matter of public debate now that a departmental committee is investigating it. The Minister should be made aware of the great concern in my constituency, in particular in the area of Arigna in County Roscommon, in the other locations I mentioned and in some other small pockets, that these conditions of chronic emphysema and bronchitis are included in the prescribed list. It would be only fair and just to include them. I call on the Minister, irrespective of the committee's recommendations, to take charge and make a decision in favour of including chronic emphysema and bronchitis as prescribed illnesses. I hope the response from the Minister of State will be positive.

Minister of State at the Department of Communications, Marine and Natural Resources (Mr. Browne)

I thank Deputy Finneran for raising the issue. The legislation governing the occupational injuries scheme provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where those persons have contracted that disease in the course of their employment. Where a person has contracted one of the diseases listed in the legislation, benefits are payable only if he or she was employed in an occupation which is specifically prescribed in relation to that disease.

Chronic emphysema and bronchitis which have been contracted in the course of coal mining are not presently included in the list of occupational injuries prescribed diseases. Accordingly, any claim to benefit under the occupational injuries scheme in respect of these diseases resulting from coal mining is not payable.

When the occupational injuries scheme was introduced, a list of occupational diseases was drawn up and prescribed in legislation. Further diseases were added to the list by way of regulations in 1983 and 1985. However, until recently no changes had been made since then. In recent years concern was increasingly expressed that the list was not as comprehensive as it should be.

In order to examine this complex area of the occupational injuries scheme, an internal review group was established, headed up by the Department's chief medical adviser. Its objective was to review the existing list of prescribed diseases and employments and to make recommendations or appropriate amendments, deletions and additions to it.

This group made a series of recommendations for the inclusion of additional occupational dis eases within the framework of the occupational injuries scheme. These additional occupational diseases will be included in the occupational injuries scheme by way of forthcoming regulation. The review group considered the issue of chronic emphysema and bronchitis in the case of coal miners but has not come to a conclusion on this issue pending more information.

I assure the Deputy, on behalf of the Minister for Social and Family Affairs, Deputy Coughlan, who could not be here, that she has asked the review group to accord immediate priority to the question of whether these two diseases should be prescribed.