Dáil debates

Thursday, 29 June 2006

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage.

 

3:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)

I thank the Ceann Comhairle for the opportunity to speak on this very important Bill. I am disappointed, like many others, that the Bill has not come before the House as a straightforward insurance Bill in the form that those affected expected. Making amendments to a sensitive Bill of this nature does not project a positive image of a caring Government. On the contrary, it suggests the Government is more interested in protecting itself than looking after the interests of those hepatitis C sufferers whose condition is definitely the fault of the State, which all Members accept.

I choose to speak on the Bill because I know people who have had the shadow of hepatitis C hanging over them for some time, having received blood transfusions at the time the infection was spread. The trauma the victims and their families suffered is nothing short of disgraceful. Now they are faced with disappointment with regard to this Bill.

I have personal experience of this matter, having visited a lady infected with hepatitis C. I have heard her describe her feeling of helplessness and her worries about the normal things in life which we all take for granted, such as her family's future. She is not bitter but she expected to get fair play from the authorities and the Government. It needs to be said but has not been said often enough in this debate that those involved expect fair play. The patients' rights group has shown nothing but good faith throughout this process. Is our message to it that its good faith was in vain, that it cannot trust the Government and that future victims of the State's tragic mistakes cannot trust the State to compensate appropriately for those blunders?

We must focus on those suffering from hepatitis C and understand the human side of the situation. The victims' lives are forever changed by the fact they were given infected blood products through no fault of their own. The range of symptoms that victims must endure, including aches, pains, fatigue and so on, makes everyday life more difficult than it should be. They are left with a heavy burden to bear. The State must not only show a willingness to make amends for its mistake, it must also show compassion to those affected.

Introducing the provision for a scientific test, the ELISA test, to prove the sufferer has hepatitis C will almost certainly limit the number who can avail of the insurance scheme. Many of my colleagues have referred to the many limitations of this test — its failure to diagnose conclusively is a real worry. Given these limitations, why are we incorporating it into legislation? It does not make sense to do so. We have had several examples of flawed legislation in the House in recent weeks. Why are we adding another flawed Bill to those already on the Statute Book?

The victims seek a stand-alone Bill to deal with insurance only. How can we justify not giving them this limitation because of the test? I appeal to the Tánaiste to give the victims of hepatitis C the Bill they seek. They are only a small group. The State made a terrible mistake in administering contaminated blood products. The least we can do is seek not to cause them any further anguish. Unless we amend the Bill to make it a stand-alone Bill dealing with insurance for victims and their spouses, we will continue to let down the victims rather than seeking to address the situation comprehensively. That is their plea. Only a small number of people are involved and I urgently request to Minister to bring forward such a Bill.

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