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Dáil Éireann díospóireacht -
Tuesday, 25 Jun 1996

Vol. 467 No. 4

Written Answers. - Hepatitis C Cases.

Máire Geoghegan-Quinn

Ceist:

82 Mrs. Geoghegan-Quinn asked the Minister for Health whether lodgements are to be made in advance of High Court cases in relation to hepatitis C victims; and if so, if he will make a statement outlining the reason for these lodgements. [13226/96]

Limerick East): Order 22 RI (1) of the Rules of the Superior Courts as amended by S.I. 229 of 1990, provides inter alia that “the pleadings shall not disclose the fact that money has been paid into Court on the amount thereof nor shall communication of such facts be made to the Judge”. Therefore it would be inappropriate for me to comment on the matter.

Máire Geoghegan-Quinn

Ceist:

83 Mrs. Geoghegan-Quinn asked the Minister for Health the plans, if any, he has to amend the scheme of compensation for hepatitis C victims in view of his announcement in relation to flexibility for dates of hearings at the tribunal; whether applicants can indefinitely postpone their hearings; and if he will make a statement of the limits that will apply to deferring the dates of hearings. [13227/96]

Limerick East): The closing date for receipt of applications to the tribunal was 17 June 1996. Clause 19 of the scheme provides, inter alia, that in exceptional cases the tribunal may in its absolute discretion extend the time limit and shall do so in the case of any claimant who it is satisfied was under a legal disability by reason of minority or unsoundness of mind at the time at which such claim should otherwise have been made and who applies to it within six months of the cesser of that legal disability.

Claims can be listed for hearing before the tribunal on lodgement of all relevant documentation. I have been informed by the tribunal that no applicant will be compelled to have his or her case heard without agreement to the date fixed by the tribunal for the hearing. The compensation scheme shall continue indefinitely.

The operation of the tribunal is subject to review and at any time in the future, if I have evidence and I am convinced that the workings of the tribunal are not serving the very best interests of the claimants or if in my opinion such amendment would improve the scheme, I will use my powers under the scheme to ensure that the tribunal is at all times meeting the needs of persons infected with hepatitis C.

Máire Geoghegan-Quinn

Ceist:

84 Mrs. Geoghegan-Quinn asked the Minister for Health the reason there has been a reduction in the number of victims of hepatitis C from more than 1,600, as stated at the Select Committee on Social Affairs, to less than 1,400 as recently stated. [13228/96]

Limerick East): The national blood screening programme, the targeted lookback programme and the optional testing programme undertaken by the Blood Transfusion Service Board are ongoing.

During the relatively early stages of the targeted lookback programme and prior to the launch of the optional testing programme, the BTSB estimated that the number of blood product and blood transfusion recipients who would be identified as hepatitis C positive would be in the region of 1,600 including anti-D recipients. The total number of persons with hepatitis C who had received a blood product or a blood transfusion who have been identified to 5 June 1996 is 1,356. This figure includes persons with haemophilia and kidney dialysis patients.

Máire Geoghegan-Quinn

Ceist:

85 Mrs. Geoghegan-Quinn asked the Minister for Health the relationship between him and the hepatitis C compensation tribunal; the way in which its independence is maintained in view of the fact that he makes utterances in relation to the way in which it conducts its affairs; and if he will make a statement on the matter. [13229/96]

Limerick East): Cases before the compensation tribunal are wholly a matter for the tribunal and the claimants together with their legal advisers who prepare and present their cases.

Under the scheme the membership of the tribunal is determined by the Minister for Health. In addition the tribunal shall forward a report to the Minister for Health on the operation of the scheme and shall forward particulars of its accounts, from time to time, as directed by the Minister and the Minister shall cause copies of the report to be laid before each House of the Oireachtas. The Minister for Health, if he considers it appropriate, may amend the scheme, but no such amendment shall operate to remove, restrict, or diminish in any way rights or benefits conferred on persons entitled to claim under the scheme in its unamended form.

Information is forwarded to the Department of Health on a regular basis in relation to the administrative operation of the tribunal. The information provided is the number of applications received, the number of cases heard, the total amount of compensation awarded and the acceptance of the awards. The tribunal also advises the Department of Health of the procedures which it has adopted, for example that claimants shall be entitled to give oral evidence; that no applicant will be compelled to have his/her case heard without agreement to the date fixed by the tribunal for the hearing.
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