Finian McGrath
Ceist:1697. Deputy Finian McGrath asked the Minister for Health if he will provide an update on the group established in 2001 to consider a no-fault compensation system for birth damaged infants. [38080/12]
Amharc ar fhreagraTuesday, 18 September 2012
Ceisteanna (1697)
Freagraí scríofa
The group referred to by the Deputy in relation to the consideration of a no-fault compensation system for birth damaged infants was set up over ten years ago to consider this very complex area. I understand that for various reasons the group met intermittently and has not now met for a number of years.
The Programme for Government includes a commitment to introduce legislation to facilitate courts making provision for structured settlements (Periodic Payment Orders) in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. I am aware that the High Court Working Group on Medical Negligence has made a number of recommendations on periodic payments and pre-action protocols. I understand that these recommendations propose that infants, who have suffered catastrophic injuries at birth, will have their cases dealt with in a lesser time frame than pertains at present and also their care costs dealt with on an annual payment basis rather than by way of inclusion in a lump sum compensation package. Consideration of the recommendations of the Group and any subsequent legislative changes will be a matter for the Minister for Justice Equality and Defence. My Department will be liaising with the Department of Justice and Equality on this matter.
Question No. 1698 answered with Question No. 1594.