Tim O'Malley (Limerick East, Progressive Democrats)

The proceedings in the House yesterday and today have reminded Deputies on both sides of the House of the tragic events of the years leading up to the mid-1990s, when more than 1,700 people became infected with hepatitis C and HIV as a result of the administration within the State of infected blood and blood products. Nothing can make those men, women and children well again, or erase the pain and suffering of them and their loved ones. Since this tragedy unfolded, the State has tried to do everything possible to support the victims of infection. The enactment of this Bill, which will result in the establishment of an insurance support scheme for persons with hepatitis C and HIV, will be a significant development. It will address a major obstacle that has been encountered by the people in question as a result of their infection.

I wish to correct some statements made by Deputies last evening during the speech made by my colleague, the Minister of State, Deputy Brian Lenihan. There appears to have been some confusion as various figures were quoted for the awards which have been made by the compensation tribunal. I wish to correct the record in this regard. The total cost of the tribunal to the end of 2005, including legal costs, fees and administrative costs, was over €660 million. The actual amount of the awards was almost €580 million. A Deputy questioned the accuracy of these figures, but I assure the House that the figures are correct.

The infection of people with contaminated blood products was catastrophic for them and their families. While no monetary support or compensation can repair the damage that was done, the State's response, by establishing the compensation tribunal in 1997, making available the Health (Amendment) Act card in 1996 and now introducing an insurance support scheme, means that Ireland is doing more for victims than other countries in similar circumstances. The Government has taken a human and supportive approach to the victims of infection. Despite the fact that Ireland is the first country to introduce an insurance support scheme, Opposition Deputies have said this legislation is very restrictive. Officials from the Department of Health and Children have worked closely with the four support groups, the Irish Haemophilia Society, Transfusion Positive, Positive Action and the Irish Kidney Association, to agree the scheme's parameters. On the recommendation of these groups, the scheme will be enshrined in primary legislation. All Members give the scheme their wholehearted support, as it addresses an inequity faced by persons with hepatitis C and HIV. The scheme will cost approximately €90 million over its lifetime, which will be for at least 30 years.

The scheme's administrator will be appointed under the aegis of the HSE. The administrator will be recruited as soon as possible after enactment of the legislation. Specific details on the administration of the scheme will be set out in regulations. It was also agreed that a travel insurance scheme will be developed within six months of the commencement of the main scheme. The Tánaiste and Minister for Health and Children has agreed that as soon as the Bill is enacted her officials will liaise with the support groups to finalise the regulations providing specific details on the functions of the administrator and requirements for participation in the scheme. She noted this process may take between three and six months.

In parallel with this, further details of a travel insurance scheme will be worked out so that it can be devised as quickly as possible. The Department is aware of the catalogue of problems that can be encountered by persons with hepatitis C or HIV, if they fall ill without travel insurance when travelling abroad.

The main parameters of the scheme include life assurance to 75 years of age, with a maximum life assurance cover of €400,000 or seven times the earned income of the eligible participant or his or her partner, or both, in respect of the tax year in which the proposal is submitted, up to a maximum of €500,000. These sums will be indexed in accordance with the consumer price index. It also includes mortgage protection cover up to 75 years on purchasing, changing or improving the primary residence, up to an overall maximum of the average house price in Dublin plus 25% or €375,000, indexed in accordance with the Permanent TSB-ESRI Dublin house price inflation.

For an initial period of 12 months from the commencement date, or, if later, three years from the date hepatitis C or HIV is diagnosed, all persons with hepatitis C or HIV will be entitled to apply for cover under the scheme. Thereafter, a waiting period would apply, during which full cover may be phased in over two years for the under-50s and three years for the over-50s. To ensure equity, an open period will be available for young people not ready to avail of insurance or mortgage protection at this time, until the date of their 30th birthday.

The maximum age of entry into the scheme will be 65 years and the age at which cover will cease will be 75 years. However, persons up to 75 years will be able to take out insurance cover in the first year of the scheme's operation. Following discussion with the representative groups when the Bill was published the Tánaiste and Minister for Health and Children agreed to increase the maximum limits for life assurance and mortgage protection by approximately 5.1%. This takes into account the cost of living increases that have occurred since the initial proposal was drafted 18 months ago.

A key contentious issue for the Opposition has been that the Bill copperfastens the need for a positive diagnostic test for hepatitis C. The Tánaiste and Minister for Health and Children has already outlined the reasons for this. Listening to the groups' concerns and to be as inclusive as possible in allowing eligibility for the Government's support schemes for persons infected with hepatitis C, it was agreed to extend the definition of positive diagnostic test. It will include another anti-body test, RIBA, and a test which detects active virus in the body, PCR. In addition, the Minister will be able to amend the legislation by regulation to include any new test for hepatitis C that may emerge in the future. This, together with a clause which allows persons who experienced an acute phase of jaundice within 16 weeks following the administration of the anti-D product, serves to make the criteria for eligibility for the compensation scheme and the Health (Amendment) Act scheme as fair and inclusive as possible.

The Minister of State at the Department of Health and Children, Deputy Brian Lenihan, outlined how State officials work closely with representative groups on the development of all services. An example of this co-operation is the work achieved by the National Haemophilia Council since its establishment under statute in 2004. Members of the Council, chaired by Professor John Bonnar, include clinicians and nurses, representatives of the Irish Haemophilia Society and health service officials, who work together to advise the Tánaiste and Minister for Health and Children and others on all aspects of haemophilia.

Through the product selection and monitoring advisory group, Irish Blood Transfusion Service officials involved in the tendering and procurement for recombinant products used in the treatment of haemophilia liaise with the Irish Haemophilia Society, virologists, clinicians and other experts to ensure the safest and most effective products are procured.

The tragic episodes of infection of blood and blood products took place from 1977 to the early 1990s. Since then every effort has been made by the State to recompense the victims of this terrible scandal. A multimillion euro investment programme was approved in the late 1990s to support the re-organisation and re-development of the Irish Blood Transfusion Service. The primary objective was to ensure the service was resourced to provide a transfusion service in line with best international standards. Significant additional resources were made available to the service to support the provision of a new national headquarters, development of a new components-processing laboratory and other improvements at the Cork centre. Other improvements include the implementation of a new IT system, the introduction of new technologies, such as PCR testing and leuco-depletion, 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 centres internationally. It continuously monitors international developments in this regard, such as guarding against emerging threats, such as variant CJD. All these developments will undoubtedly contribute to a modem, safe and efficient blood transfusion service to meet the demands and challenges of 21st century.

Since the introduction of regulations to transpose a European directive on quality and safety of blood and blood products, SI 360 of 2005, the activities of blood banks and blood establishments must be authorised by the Irish Medicines Board. Strict standards must be in place for the collection, testing, processing, storage and distribution of human blood and blood products. Penalties are imposed on facilities that do not comply with the regulations. Significant funding has been allocated to ensure compliance with statutory requirements that will result in improved hospital systems and the traceability of the blood transfusion chain.

I join those who have spoken in sympathy and support for the victims of infected blood and blood products. I am pleased to be here to give my full endorsement to this Bill, which aims to strengthen and enhance the services available to persons with hepatitis C and HIV. I congratulate the representative groups — Positive Action, Transfusion Positive, the Irish Haemophilia Society and the Irish Kidney Association — for their enthusiasm and altruism and for working relentlessly with State officials to ensure that their members get the best possible services from the State.

State funding of approximately €1.5 million each year is provided towards the administrative costs of the representative organisations and this funding will be maintained. I hope we can continue to work in a spirit of co-operation with the representative groups and that services continue to be enhanced and developed.

I give this Bill my full support and I look forward to its passage into legislation so that the much needed insurance scheme can be established and insurance products can be made available to persons with hepatitis C and HIV.

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