Dáil Éireann debate -
Tuesday, 1 Jul 2003

Vol. 570 No. 2

Written Answers. - Nursing Staff.

John Cregan

Question:

387 Mr. Cregan asked the Minister for Health and Children the position regarding negotiations for a compensation scheme for injured or ill psychiatric nurses; the situation in relation to compensation cases currently awaiting court decisions or hearings; the reason legal fees duly raised are not covered; and if he will make a statement on the matter. [18386/03]

Minister for Health and Children (Mr. Martin):

Following discussions with the Psychiatric Nurses Association and SIPTU, I established a task force in April 2002 to investigate the incidence of assaults on psychiatric nurses, with a view to exploring preventative measures to reduce such incidences. The task force was also charged with providing for a compensation scheme for nurses working in the mental health services, as a practical measure, where such assaults have resulted in serious physical and psychological injury. The task force was chaired by Mr. Tom McGrath, former deputy chairman of the Labour Court. Membership of the task force included representatives of the relevant nursing unions, PNA and SIPTU, the Health Service Employers' Agency, the Department of Health and Children and the Department of Finance.

The task force's terms of reference included investigating the reasons for such assaults with a view to putting in place effective preventative measures; examining the incidence of assaults on nurses and the level of injury therefrom; putting forward proposals for an appropriate compensation scheme for nurses injured through assault at work, such proposals to have regard to the special position of psychiatric nurses; and preparing and presenting a report of its findings and recommendations to the Minister for Health and Children. The report deals with the causes and effects of violent acts in mental health services and makes a number of practical recommendations in relation to preventing and minimising the incidence of assaults. The report also sets out a framework for a scheme of compensation for psychiatric nurses who have been seriously injured as a result of an assault in the workplace.

The position in relation to cases awaiting court decisions or hearings is that the scheme will apply to psychiatric nurses who have been injured as a result of a serious assault in the course of their duties, who have instituted legal proceedings and who wish to have their claim processed in accordance with the provisions of the proposed compensation scheme. The proposed scheme will be a "no fault" scheme and claimants will not be required to prove legal liability. Accordingly, the question of legal fees does not arise.