Wednesday, 27 November 2019

Ceisteanna (174)

Willie Penrose


174. Deputy Willie Penrose asked the Minister for Health the Departments that have been obliged by court orders to provide discovery in respect of the action initiated by an association (details supplied); the number that have done so; if a review of the data necessary to achieve delivery of the required discovery documentation has commenced; and if he will make a statement on the matter. [49442/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Health)

There are a number of cases concerning thalidomide before the High Court at present, which are being managed by the State Claims Agency on behalf of the Irish State. 

The State Defendants in the proceedings are the Minister for Health and Children, Minister for the Environment, Community and Local Government, the Attorney General and Ireland.  An order for discovery was sought by the Plaintiff and was made by the High Court on 10 April, 2019.  That order has neither been perfected nor served upon the State and accordingly the time for compliance with discovery obligations has not commenced to run.

An application is pending before the Court to vary the discovery ordered and this has not as yet been determined.  Review of the data necessary to comply with the discovery order in the context of proceedings is ongoing and is necessarily the subject of legal advice and privilege.  Accordingly, it is inappropriate for me to give further comment or detail in respect of the process until discovery has concluded and the proceedings resolved.

No State Defendant has been determined to be non-compliant with the discovery order in these proceedings.