Oireachtas Joint and Select Committees

Tuesday, 27 January 2015

Joint Oireachtas Committee on Health and Children

Medical Indemnity Insurance Costs: Discussion (Resumed)

4:30 pm

Photo of Colm BurkeColm Burke (Fine Gael)
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I apologise for missing some of the proceedings. I thank all the witnesses for their attendance and the comprehensive presentations they have provided on the issues. Ms Courtney's story about the difficulties she experienced was telling. I read the full report she provided, which highlights the difficulties people experience and the hurdles they must jump when dealing with issues of this nature.

It was in the context of addressing the substantial increase in MPS premiums that I became involved in inviting the various witnesses last week. The MPS is one of the few insurance companies left. The Medical Defence Union has left the country. There has been much speculation over 12 months about the MPS because of the increase in premiums, in some cases by 68% over two years. I became involved because of the capping levels and the point at which the State takes over after the MPS pays out. We have a problem in the sense that insurance premiums have increased substantially. A number of medical personnel have left the country for various reasons, but including for insurance reasons. We must face this problem.

There is also a problem in that, although there are approximately 2,500 consultants in the HSE and another 400 in the private sector, there is a shortage of consultants in many areas. Therefore, we must be very conscious of the need to keep consultants here and make it attractive for them to stay. On the other hand, we must ensure there is balance in regard to compensation. People must be compensated adequately if errors are made. All members of the committee are of the view that victims should get adequate compensation. The main issue is trying to reduce the number of errors.

On the case itself, Mr. David Barniville talked about the Bar Council of Ireland and Mr. O'Higgins talked about the Law Society of Ireland. What changes to current procedures could be made immediately without having to legislate? If they cannot be made, why?

With regard to legislation, could the witnesses provide clarification on discussions they have held with the Department on the timeframe for putting in place the necessary legislative measures, particularly legislation on periodic payments? This has been talked about for a long time. Has any indication been given to the witnesses at this stage? I have raised this in the Seanad on numerous occasions over the past three years. I believed we would have had the legislation. Even over the next 12 months, what could be done to make it far more easy to deal with the very difficult circumstances in which an error is made and when a person needs to be compensated adequately? We do not seem to have made significant progress on this in the past ten years.