Jerry Buttimer (Fine Gael)
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I welcome the Minister of State, Deputy Ossian Smyth. Is é an chéad cainteoir anois ná an Seanadóir Robbie Gallagher. Tá ceithre nóiméad aige.

Robbie Gallagher (Fianna Fail)
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Gabhaim buíochas leis an gCathaoirleach. Cuirim fáilte roimh an Aire Stáit chuig an Teach ar maidin. It is easy for us to forget the dark days, the uncertainty and the fear that surrounded the Covid-19 pandemic. For most of us, life has moved on, but unfortunately not for everyone. The exact number of people with long Covid is unknown. HSE exact numbers vary, ranging between 1.8% and 8.3% of the population. As the Minister of State is probably aware, symptoms include fatigue, extreme tiredness, shortness of breath and joint pain, to name a few. We all recall how we applauded our health professionals, and rightly so, for their dedication during the Covid-19 period, and how they went far above the call of duty. The Taoiseach at the time, Deputy Leo Varadkar, said that "not all superheroes wear capes" and that many of them work in our hospitals, which is true. That being said, it is particularly heartbreaking to hear of one very dedicated nurse who, having contracted long Covid in the course of her work, now finds herself medically retired and left out of the HSE scheme for nurses. This is apparently because she developed Covid-19 on the wrong date. Nurse Finola O'Brien has been failed by the system, through no fault of her own, as she continues to suffer from long Covid.

Ms O'Brien was a passionate and dedicated diabetes nurse specialist working across two sites, Our Lady of Lourdes Hospital in Drogheda and Dundalk County Hospital, when she contracted Covid-19 on the front line on 18 February 2022. She did everything right. She was careful, had her vaccinations and boosters, and complied with all guidelines and procedures. In spite of her precautions, she contracted Covid-19 and due to circumstances that evolved, only received the mandatory ten days of leave following a change in Government policy in 2022. Ms O'Brien received full critical illness pay from June 2022 to December 2022, followed by half pay until 20 June 2023. This was then progressed to what the HSE call nil pay. Finally, on 7 July 2023, she was medically retired, and this was not her decision. As far as we are aware, Ms O'Brien is the only nurse who has been medically retired, secondary to complications following contracting Covid-19 in the line of duty.

In March 2022, the Government changed the criteria around payment for nurses within the HSE, called special leave with pay, SLWP. This is the last remaining Government support nationally for employees, following the pandemic. Currently, there are approximately 100 nurses receiving the SLWP payment. To be eligible for full salary, it was necessary to have contracted Covid-19 prior to 7 February 2022. Sadly, Ms O'Brien missed that deadline by a mere 11 days. There were no exception criteria and there was no consideration that it might be possible that there were individuals who should have been medically assessed to ascertain if the situation warranted inclusion in this payment scheme. Ms O'Brien has been hospitalised five times and must visit her GP often. She is currently waiting to commence pulmonary rehab and may have to wait up to 90 weeks to get that.

Ms O'Brien has no voice on numerous occasions. She has a throat that is on fire, a complex medical regime, difficulty walking and a harsh cough that can last for hours. The impact of long Covid on her life and mental health is devastating. According to Medmark, her life expectancy has been significantly reduced as a result of contracting Covid-19. Ms O'Brien has spent thousands of euro on medical expenses, and she has lost out financially on her monthly income and on her pension contributions. Applause is not what Ms O'Brien needs. She needs a practical and honest solution to the problem that she finds herself in. She gave her all to her patients. She deserves much better than the place she currently finds herself in. I have met with Minister for Health, Deputy Stephen Donnelly, regarding this particular case, and I would plead with the HSE to do the right thing here. Ms O'Brien was one of those nurses that we sent in to the unknown when the rest of us locked our doors and hid under our beds because of the fear of Covid-19. They went out to look after the sick in our hospitals, and it is only right that the State should now look after them.

Ossian Smyth (Dún Laoghaire, Green Party)
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I thank Senator Gallagher and the Seanad for giving me the opportunity to address this issue on behalf of the Minister, Deputy Stephen Donnelly. For eligible public health sector employees suffering from long Covid, a temporary 12-month special scheme of paid leave was introduced in July 2022. This was on the foot of the withdrawal of access to the then Department of Public Expenditure and Reform's special leave with pay for those with long Covid. At the request of the Minister for Health, the special scheme has now been extended several times by the Department of Public Expenditure, National Development Plan Delivery and Reform. Last week, the Minister of Health secured a further 12-month extension of this special scheme.The eligibility criteria remain as per the original sanction and the approximately 120 individuals already on the scheme will now continue to be supported until 30 June 2025. The eligibility criteria that were set when the scheme was first introduced were designed to ensure that those working in a Covid-exposed environment in the period before PPE and vaccinations were readily available, and before community transmission had become more prevalent, were supported separate to the public service sick leave scheme. It was not possible, nor would it have been appropriate, to provide access to the special scheme to all employees of the public health service who contracted Covid as the contraction of Covid is a public health issue and not an occupational issue and it is not possible to separate with absolute certainty those who contracted Covid in the workplace from those who contracted Covid generally in the community.

Depending on the date they initially contracted Covid-19, it is important to highlight that the approximately 120 employees on the special scheme have at this point already been supported on full pay for up to four years. In the first instance they were supported by the Department of Public Expenditure, National Development Plan Delivery and Reform on special leave with pay, and then followed by the health sector-specific special scheme with a further 12 month extension, which is now available since last week.

The Senator has asked that consideration be given to opening up access to the special scheme to all medical personnel. Noting that community transmission had become more prevalent than workplace transmission by June of 2020, and as such, on the balance of probability an extended cohort are significantly less likely to have contracted it in the workplace, it would be inappropriate for the State to provide continued and costly supports to such a cohort. It is important to note that many categories of workers from other sectors were also deemed essential and they presented for work in the workplace throughout the height of the pandemic period. No scheme was introduced for those essential workers and health has been the only sector to provide such extensive supports. As has always been the case, individuals whoare not eligible for the special scheme and who are unwell may use the full provisions of the public service sick leave scheme and these are full pay sick leave for three months followed by half pay sick leave for three months and, after that, temporary rehabilitative remuneration at a rate of 37.5% of pay which is possible for up to 547 days in a rolling four year period. The critical illness protocol will also provide further supports if granted.

The Minister for Health and the Government recognise the role of our public healthcare workers throughout the height of the pandemic. They went beyond the call of duty with many working in front-line, clinically exposed environments, treating Covid-19 positive patients. Many of that cohort contracted Covid-19 and some still suffer from long Covid. The health sector specific special scheme was introduced to provide support for that cohort of employees.

Robbie Gallagher (Fianna Fail)
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I thank the Minister of State for the response that he has given here on behalf of the Minister, Deputy Donnelly. We owe a massive debt of gratitude to our healthcare workers and I have outlined the reasons why. Here we have one particular healthcare worker who feels she has been badly wronged. I met this lady and it really is heartbreaking to see the condition in which Covid has left her. When I did meet with the Minister for Health in relation to this particular case, he did indicate that his office would facilitate a meeting of the relevant personnel in his office with Fionnuala O'Brien so she can outline her case face to face. I have no doubt that if an official from the Department gets an opportunity to have a face to face with Fionnuala O'Brien, they will know that her case is 150% genuine. I would welcome if that meeting could be facilitated as a matter of urgency.

Ossian Smyth (Dún Laoghaire, Green Party)
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I thank the Senator. The Minister for Health has secured supports for eligible employees suffering from long Covid by way of the health sector-specific special scheme, which follows on from the Department of Public Expenditure, National Development Plan Delivery and Reform's special leave with pay and that is for up to four years to date. I would also remind the Senator that this scheme has just been extended for a further 12 month period at the Minister's request. The public service sick leave scheme provides extensive and very generous supports for all workers who are unable to work due to illness and all of the various provisions of this scheme are available to provide support for many additional years to any employees who are not eligible for the special scheme. This is the case for all civil and public service employees.

Regarding the case of Fionnuala O'Brien that the Senator raised, the Minister for Health is aware of a specific case regarding a public health sector employee who did not qualify for the special scheme. I understand the Minister, Deputy Donnelly, met with Senator Gallagher to discuss the case and I understand that the individual in question contracted Covid a number of months after the qualifying date which was 84 days, the period commonly recognised as long Covid, prior to 7 February 2022. It is important to note that the full provisions of the public service sick leave scheme will have provided paid supports for a number of years beyond that available to essential workers from the private sector who were required to attend the workplace during high levels of community transmission of Covid. I will ask the Minister, Deputy Donnelly, to follow up with him. I understand the Senator had that meeting and that he would now like to have a follow-up meeting with the person in question. Every case should be treated with due care and compassion and I will ask the Minister, Deputy Donnelly, when I meet him on Wednesday to talk to the Senator directly to see if we can arrange that.