Dáil debates

Friday, 30 June 2006

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

 

11:00 am

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I welcome the opportunity to contribute to the debate. My good friend, Deputy Boyle, has put his finger on the issue. I mentioned to the Minister of State, Deputy Tim O'Malley, that while I have spoken on many issues since I became a Deputy four years ago, this issue in particular has caused me considerable distress. I went about my business in a normal way yesterday, attending to matters in my constituency, coming to the House and dealing with constituents who contacted me about routine issues such as broken street lights, social welfare entitlements, housing and so forth. I also received calls of a different type on the issue under discussion.

I was especially struck by an e-mail cited by Deputy O'Sullivan in her contribution which I listened to carefully. It was sent from one of her constituents in Limerick but could just as easily have been sent by one of my constituents in Tallaght. Yesterday, I was approached in the Visitors Gallery by a constituent from Balrothery in Tallaght who pointed out that while she was not directly affected, she had friends who were infected by contaminated blood products. She expressed her thoughts to me in that regard.

All Deputies have views on this matter and it should not be presumed that Government party Members are any less sympathetic than others. This issue involves people who have been upset by actions of the corporate State. I listened carefully to Deputies' contributions on the Bill yesterday and carefully read correspondence from the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive. Some of my colleagues received headline coverage for points they raised with the Tánaiste and Minister for Health and Children on this issue. I hope that, as the day wears on, the Tánaiste and her Ministers of State will consider the arguments made by Deputies on all sides.

Communication has been lacking and I hope the Tánaiste will find time to meet representatives of the four organisations which issued an important policy statement to all Members this week to discuss outstanding issues and decide how to proceed. I am always happy to engage in political debate but, as my Green Party colleague, Deputy Boyle, noted, this is a different type of debate. I hope the Tánaiste will understand the sensitivities of the issue about which we are all concerned. I do not want to defend, either in my constituency or elsewhere, something which will greatly upset people.

This is a particularly important debate which arises from an announcement made by the Tánaiste on 20 June in which she publicised a Government Bill to establish a statutory scheme to address the insurance difficulties faced by people infected by hepatitis C and HIV through contaminated blood products. It is important to provide further support to individuals diagnosed with these conditions as a result of contaminated blood products.

Over the past nine years, some of those affected, through no fault of their own, have been unable to buy life insurance or mortgage protection policies, thus adding further problems to the damage they have already suffered. The Bill will deal with the proposed forms of recompense and compensation, the special health card and life insurance support. It is intended that it will allow for the development of a scheme of travel insurance and it is hoped the people affected will be able to take full advantage of the Exchequer funded scheme. I ask that particular consideration be given to the fact that we have failed to get our message across to the people who have been affected by this issue.

This debate has attracted significant national and regional attention. I note the Visitors Gallery is full again, which is not always the case during debates. To see so many people, presumably from around the country, listening to a debate in the House highlights the importance of the issue before us. I am not afraid to admit that this legislation creates problems for many of us and while I will not shirk my responsibility, I will also express my concerns and raise the sensitivities surrounding this case.

I do not always listen to debates in the House but I listened to many of the contributions on this Bill yesterday. People often ask why the Dáil is not full and where all the Deputies are during debates. We sometimes respond defensively by pointing out that Deputies from all sides work in their offices, take telephone calls, attend committee meetings and so forth. While people may have a different impression, as I speak, many of my colleagues are in the House attending to other matters.

I was anxious to hear the views of colleagues on this matter. I have already mentioned several Deputies' contributions and do not wish to patronise my colleagues but I was struck by many of the comments made yesterday. I acknowledge the pain and suffering inflicted on upwards of 1,700 citizens who have been infected with hepatitis C and HIV through the administration of blood and blood products. This is an emotive issue and it is important that Government colleagues understand that the State must make every effort to provide whatever supports possible to the victims and their families. This issue has affected many people and attracted widespread attention. Yesterday, my son Robert told me about friends of his whose family members have been affected by this problem. People are clearly upset and traumatised by what has taken place.

The Tánaiste's intention is to enact legislation which will establish the third of three forms of support for infected persons. The first support is the compensation available through the hepatitis C and HIV compensation tribunal which has, to date, made awards to more than 2,200 people. The tribunal was placed on a statutory footing nine years ago and allows people to make claims for compensation in a non-adversarial fashion. I understand claimants may also appeal their awards to the High Court and that the persons infected and their spouses, partners and next-of-kin have been presenting their claims to the tribunal since it was established. I am informed the total costs incurred by the tribunal by the end of 2005 amounted to €660 million. As Deputy Fleming indicated last night, this figure includes legal costs, fees and administration costs, and an amount of €580 million in awards.

I listened carefully to Deputy Fleming's contribution, for which Deputy Lynch was present, when he drew on the experience of the all-party committee that examined this matter. We all sympathise with the point he made about legal persons making money from this process.

The second support is the special health card, the Health (Amendment) Act card, which entitles the holder to a range of health care services. Health care costs under the Health (Amendment) Act amount to approximately €15 million per annum. I understand that in 1998 the expert group on hepatitis C, which is chaired by the chief medical officer of the Department and includes representatives from leading consultants and a member of Positive Action, agreed that eligibility for the card should be on the basis of a positive diagnostic test for hepatitis C. I was glad to hear the Minister confirm that the Department has prepared a detailed guide to the services available under this card. I received a copy of it. The services include hospital and primary care services and home support, and this year a new home nursing scheme is being piloted in the east. The representative groups are involved in shaping the development of all services to ensure they meet their needs.

It is important that the Department understands the need to continue to work with these groups. That is why I have already expressed upset that there is a lack of co-operation between the four groups, the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive. I am glad to note the presence of my good friend, the Minister of State at the Department of Health and Children, Deputy Tim O'Malley. He, the Tánaiste and the Department should understand that this issue crosses our desks and people ask us to represent it to the Department. It is important that Department officials meet the groups and I hope that can be done quickly.

The third support will be life assurance support. This will cost approximately €90 million over the lifetime of the scheme, which I am told will be at least 30 years. The proposed scheme could be summarised as follows: the State pays the additional risk premium where the insurer is willing to provide cover subject to an additional premium, and where the insurer is not willing to provide cover, the State assumes the risk on the life cover. I am told that in each case, the person requiring life assurance will pay the average basic premium an unaffected person of the same age and gender would pay. The scheme will be available in respect of all standard life assurance policies offered by insurers who are authorised to transact life assurance business in Ireland and who opt to participate in the scheme. Those who wish to participate in the scheme would enter into an agreement to abide by the rules of the scheme, which would also provide for an appeal in the event of a dispute. The scheme will be administered under the aegis of the Health Service Executive. Specific details of the administration of the scheme will be set out in regulations and an administrator will be recruited as soon as possible after enactment of primary legislation. It has also been agreed that a travel insurance scheme will be developed within six months of the commencement of the main scheme.

We should mention the genesis of this situation and the improvements in the Irish Blood Transfusion Service. The tragic infection of blood and blood products took place 30 years ago. I remember the year well because it was the year my mother died and the years tend to stick in one's mind for many reasons. I sometimes say that I bring to my politics my life experiences. I remember that year and the issues on blood and blood products. It also happened in 1991 and 1994. Since then, every effort has been made by the State to recompense the victims of this a terrible scandal.

A multi-million pound investment programme was approved in the late 1990s to support the reorganisation and redevelopment of the Irish Blood Transfusion Service nationally. The primary objective was to ensure the organisation was resourced to provide a transfusion service in line with best international standards. Significant additional resources were made available to the organisation to support the provision of a new national headquarters, development of a new components processing laboratory and other improvements at the Cork centre, implementation of a new information technology system, the introduction of new technologies, efforts to improve the safety of the blood supply and additional senior staff appointments, which have resulted in the establishment of new personnel and finance departments.

The Irish Blood Transfusion Service has introduced major new testing programmes in advance of most other transfusion services internationally and continually monitors international developments such as guarding against emerging threats, such as variant CJD. All these developments will contribute to a modern, safe and efficient blood transfusion service to meet the demands and challenges of 21st century Ireland.

We should all understand the importance of the blood transfusion service. I am not afraid to repeat that I had a heart attack in 1999 and I always appreciated what was done by the medical and blood transfusion service. Through that episode I got an appreciation of the importance of these services. I can only imagine the effect this scandal, and the response to it, had on many families.

Since the introduction of regulations to transpose a European directive on quality and safety of blood products, the activity of blood banks and blood establishments must be authorised by the Irish Medicines Board. I am told that strict standards must be in place on the collection, testing, processing, storage and distribution of human blood and blood products. I am glad to see penalties are imposed on facilities that do not comply with those regulations. It is important that the Tánaiste and her Ministers of State understand that the significant funding that has been allocated to ensure compliance with statutory requirements would receive broad community support. I am confident this will continue to result in improved hospital systems and traceability of the blood transfusion chain.

I will continue to listen to the contributions on this issue and I appeal to the Minister to emphasise to the Department the importance of this debate, of listening to all sides and of understanding the interest expressed in the subject. It is important that we understand that the infection of people with contaminated blood products was devastating not only for those immediately involved and their families but for the wider community.

As I go about my business in my constituency, Dublin South-West, people talk about this. Yesterday I was here until 8 p.m. to listen to the Minister of State at the Department of Health and Children, Deputy Brian Lenihan, and then returned to my constituency. At my clinic and at a function I attended in the Women's Educational Project in the Shanty in An Cosán in Jobstown, women raised this debate and expressed their concerns. While no compensation can repair the damage, I hope the Government's responses I have mentioned are proof that as much as possible is being done to deal with this terrible situation. I hope, as the day wears on, some consideration is given to the points being made on all sides and that Committee Stage will reflect the debate and how people from all parts of the country representing their communities have made their points. I hope the Tánaiste will allow some amendments that will reflect this.

I have given serious thought to this upsetting Bill, in respect of what it tries to achieve and how we represent people. I hope that will be reflected in the Bill. People would want us to take the advice of the last speaker on going about our business in a non-confrontational way without political points scoring.

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