Dáil Éireann Debate, Tuesday - 8 September 2020
1281. Deputy David Cullinane asked the Minister for Health his views on legal protections and exemptions for pharmaceutical corporations which will produce a Covid-19 vaccine, as highlighted by a newspaper (details supplied); his views on a no-fault, non-adversarial compensation system with a civil liability exemption; his plans in this regard; and if he will make a statement on the matter. [21941/20]
View answerThe National Public Health Emergency Team (NPHET) recommended that a COVID-19 Immunisation Strategy Group, chaired by the Department of Health, and informed by the National Immunisation Advisory Committee (NIAC), be convened. The inaugural meeting of the Group took place on the 26 August 2020. The purpose of the Group is to advise on and assist in the development of national policy relating to COVID-19 vaccines. Liability issues associated with the vaccines will be considered in this context.
In June 2018, the Government agreed to the establishment of an Expert Group to review the law of torts and the current systems for the management of clinical negligence claims chaired by High Court Justice Charles Meenan.
The Expert Group examined the system from the perspective of the person who has made the claim to explore if there is a better way to deal effectively yet more sensitively with certain cases. In this process the Group also looked at the impact of tort legislation on the overall patient safety culture and open disclosure. Judge Meenan submitted the final report of the Expert Group on the Reform of the Law of Torts and the Current System for Managing Clinical Negligence Claims on 17 January 2020. One of the report’s recommendations is that a compensation scheme be established to deal with certain vaccine damage claims.
On foot of a request from my Department, the Health Research Board carried out an evidence review on vaccine injury redress programmes in other jurisdictions and this was completed in March 2019.
The Expert Group’s report, in addition to the HRB's evidence review, and consultation with other Government Departments and relevant State agencies will inform the development of a proposal regarding the establishment of any compensation scheme.
