Dáil Éireann díospóireacht -
Thursday, 2 Jul 1998

Vol. 493 No. 5

Written Answers. - Hepatitis C Compensation Tribunal.

Róisín Shortall

Ceist:

164 Ms Shortall asked the Minister for Health and Children the progress, if any, made in finalising the appeal process from the hepatitis C compensation tribunal to the High Court; if the associated rules and regulations are now complete; and if he will make a statement on the matter. [16764/98]

Minister for Health and Children (Mr. Cowen)

The hepatitis C Compensation Tribunal Act, 1997, did not make specific provisions to allow payment of general or special damages on foot of a High Court award on appeal, or to allow access to the Reparation Fund to persons who are granted an award of general or special damages on appeal. On the advice of the Attorney General, I have made regulations under section 13 of the Act to provide that awards of the High Court may now be paid from the special account set up under section 10 of the Act, and also to provide the aforementioned access to the Reparation Fund.

I have also made regulations under section 5(9)(a) of the Act to extend the period within which an appeal to the High Court must be made. In addition to the month already provided for, a claimant will have a period of one month from the date of the commencement of the Rules of Court in relation to appeals under the Act during which she or he may decide in writing either to accept or reject the award, or to appeal the award under section 5(15).

In relation to the Rules of Court governing appeals under the hepatitis C Compensation Tribunal Act, 1997, these are the responsibility of the Superior Courts Rules Committee. Draft rules have been prepared by that committee, and I have forwarded to the Minister for Justice, Equality and Law Reform a document containing the observations on the draft rules which have been submitted by the groups representing hepatitis C sufferers. This document is now with the Superior Courts Rules Committee for its consideration.

A number of cases are currently before the courts on appeal. The President of the High Court has indicated that, in the absence of Rules of Court, he would adopt the draft rules if required to deal with any urgent appeal.