Anger at threat to compensation scheme

A SOLICITOR member of the group established to examine a new compensation scheme for brain-damaged children said he was “stunned and astounded” to find out that their plans could be abandoned due to questions over its constitutionality.

Solicitor Michael Boylan said the group was never informed of the Attorney’s General’s concerns about its plans and questioned how the AG could have issues with the project as the group still hasn’t produced a final report.

The scheme is aimed at stopping parents having to go through the courts service to access compensation for their brain damaged children and one of its primary benefits was believed to be the reduction of legal fees by about 40%.

Mr Boylan accused the department of using the constitutionality issue as a “smokescreen” saying he believed “the real concern of the department is that the scheme would be even more costly than the present courts system”.

Last night, the Department of Health moved to calm anger at the shelving of the ‘no fault’ scheme, headed by former Master of the Rotunda, Dr Peter McKenna, and said a definite decision had not been made. But, earlier this week Tánaiste Mary Harney told the Dáil the introduction of the consultants’ clinical indemnity scheme had removed the threat to maternity services of spiralling insurance costs driven by litigation claims.

“Advice received from the Attorney General about another proposed no fault compensation scheme has raised a number of constitutional issues. I am conscious of the huge amount of work which Dr McKenna and his colleagues on the group invested in this exercise and I hope to meet him in the next few weeks to discuss how the group’s analysis and conclusions to date might be made use of by my own department and other interested agencies.”

Under the planned scheme, those eligible would be awarded compensation for their brain-damaged children would be compensated without having to prove liability.

The group was established in mid-2001 and was due to report its findings the following year.

However, in mid-2003, it was postponed due to industrial action by consultants and hasn’t met since.

Wicklow-based Mr Boylan said he believes the group was “moving towards a consensus” which would have led to “an increase in the numbers accessing compensation” and the development of a “more equitable system”.

“The Attorney General had a senior representative on the group and he never raised issues around constitutionality while the group was meeting. It is shocking that the plug has been pulled,” he said.