I propose to take Questions Nos. 315 and 316 together.
The Expert Medical Group on Whooping Cough Vaccination was established in 1977 by the then Minister for Health with the following terms of reference:
To examine persons who, it is claimed, have been permanently damaged by whooping cough vaccination, review the medical information available in relation to them and indicate whether, in their opinion, the damage is attributable to the vaccination.
It was not within the group's terms of reference to make overall recommendations as its work was confined to the consideration of individual cases who presented themselves to the group.
The group found that of the 93 cases, there was a reasonable probability that the vaccine was responsible for damage in 16 of these. The Government approved the making of an ex-gratia payment of £10,000 in each of these cases on condition that the persons concerned waived any further claims against the State or any public authority. The intention was to protect the State from further liability. Subsequent to the Government decision oral advice from the Attorney General's office was obtained in relation to the letters to be issued to the families concerned. There was no reference of a waiver in favour of manufacturers of whopping cough vaccine in the letters which issued to parents.