Dáil Éireann Debate, Tuesday - 14 July 2020
1322. Deputy Peadar Tóibín asked the Minister for Health the number of tribunals, public investigations and commissions of investigations in process; the length of time each has been under way; when each will conclude; the cost to date of each; and the estimated cost of each at completion. [16135/20]
View answerDetails in relation to a commission of investigation and a tribunal in process under the remit of the Minister for Health are set out below.
1. The Commission of Investigation (Certain matters relative to a disability service in the South East and related matters), “the Farrelly Commission”, was established by Government under S.I No. 96 of 2017, Commission of Investigation Certain matters relative to a disability service in the South East and related matters) Order 2017 to investigate the care and protection of “Grace” (pseudonym) and others in a former foster home in the South East, which has been the subject of abuse allegations.
The first phase of the Farrelly Commission’s work is to investigate the role of public authorities in the care and protection of Grace, who resided with a former foster family in the South East of Ireland between 1989 and 2009. Phase 2 will commence following consideration of the Phase 1 Final Report and the Commission’s written statement on the scope of its further investigations.
The Farrelly Commission commenced work on 15 May 2017 and was due to submit its Final Phase 1 Report within one year of commencing its work.
The Farrelly Commission wrote to my predecessor as Minister for Health (Simon Harris, T.D.) to request a ten-week preliminary extension until Friday, 24 July 2020, to allow it to identify the time needed to complete its Phase 1 Final Report. Minister Harris granted the extension. He made this decision following discussion with his colleague, the Minister of State with Special Responsibility for Disabilities, Finian McGrath and his Cabinet colleagues.
This is the Farrelly Commission’s third extension. It is in addition to the two twelve-month extensions that were granted by Minister Harris in May 2018 and May 2019.
The Farrelly Commission’s costs to date are €5,247,054.55. The final cost of the Commission will be determined by my decision on the submission that the Farrelly Commission will provide to me by 24 July 2020 setting out the length of time that it has identified to allow it to complete its Phase 1 work and make its report.
2. The Hepatitis C Compensation Tribunal was established on a non-statutory basis in December 1995 to compensate people who had contracted Hepatitis C through the administration of Anti-D immunoglobulin, whole blood, or other blood products within the State. It was put on a statutory footing in November 1997 by means of the Hepatitis C Compensation Tribunal Act. The Tribunal’s remit was extended in 2002 to include individuals who had contracted HIV and to provide for additional heads of claim for the dependants of infected persons – loss of consortium, dependency losses, loss of society, post-traumatic stress disorder/nervous shock and future care claims. In 2006, the Hepatitis C Compensation Tribunal Act was further amended to provide for the establishment of an insurance scheme.
The Hepatitis C and HIV Compensation Tribunal will continue in existence until the last person infected with Hepatitis C dies and any claim lodged by their dependents is heard.
The total cost of the Hepatitis C and HIV Compensation Tribunal from 1995 to end December 2018 is €1.195bn. The estimated cost of the Tribunal in 2019 is €16.62m. These figures are provisional pending the publication of the Annual Report for 2019. This Scheme is demand led and it is impossible to know precisely how much it will cost from year to year. The Scheme has cost an average of approximately €20m per annum over the last 5 years.
