Dáil debates

Friday, 30 June 2006

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

 

12:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)

I thank the Ceann Comhairle for the opportunity to speak about this very important debate on the Hepatitis C Compensation Tribunal (Amendment) Bill 2006. I wholeheartedly support the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive. I commend their efforts and work and thank people like Detta Warnock, Michael Davenport, Maura Long and Mark Murphy for their dedication and commitment to this major national health issue.

I challenge the record of all the political parties and successive Governments on this issue. Their record of conduct towards those infected has been disgraceful. Successive Governments and officials in different Departments let these people down. We should dispense with hypocrisy and acknowledge this fact.

In this Bill, the Minister proposes to make fundamental amendments to the Hepatitis C Compensation Act 1997 which will significantly limit the categories of persons entitled to claim for compensation and provision under the health code. Groups representing these people were not informed about these radical proposals until 20 June 2006, which is unacceptable. The Minister proposes that people infected with hepatitis C be identified solely by a scientific test. Currently, a clinical diagnosis of hepatitis C is accepted by the compensation tribunal and the High Court for all other purposes, such as entitlement to health provision. The Minister proposes that a person who has received an identified infected batch of blood or blood products, such as anti-D, and has symptoms compatible with hepatitis C infection should no longer be able to establish entitlement to compensation and health provision.

In 2002, the then Minister for Health and Children, Deputy Martin, introduced an entitlement for spouses and partners of those infected with hepatitis C and HIV to make claims for compensation for loss of consortium. The Minister now proposes to deny these entitlements to certain categories of persons. For example, the spouse or partner of a young person infected at birth with hepatitis C was entitled to claim compensation, but such partners and spouses will now be excluded, which is grossly insensitive and a retrograde proposal.

It may seem ironic that people have to defend the important rights and entitlements fought for and secured in 1997 under the then Minister for Health, Deputy Noonan. The representative groups, many of which are present, are forced to oppose the Tánaiste because of these surprising and restrictive amendments to the existing code, for which there is no rational basis or public demand.

I ask all Deputies to support the sensible amendments tabled. It is disappointing that despite long negotiations with the Tánaiste and the Department of Health and Children on the proposed insurance scheme, these proposals undermine the rights and entitlements of hepatitis C sufferers for which people fought. I urge the Government to listen to the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive. They deserve our support. No one should play politics with this serious health issue. I urge the House's respect and dignified support for the families involved.

I was elected on a strong health and disabilities platform. I was a member of the Independent Health Alliance, which gave a commitment to support patients, victims and the people involved in different issues were any of its members ever elected to the Dáil. I am trying to carry out that mandate. The Government has the support of all of the Independents in this House. They comprise an important group within the Oireachtas. Members must get their act together. Independents will always side with the victims and the powerless.

Recently, the ten-year social partnership for 2006 to 2015 has been agreed. Section 30.9 of that agreement refers to the health service and ensuring quality therein. The deal to which the Government is signing states:

The parties to this Agreement are committed to improving the level of customer services to ensure a quality health service is provided to the public. One way of safeguarding quality is to have in place a robust customer complaints procedure. All parties will cooperate with the implementation of the statutory complaints procedure to be introduced under the Health Act 2004.

Quality assurance is an integral part of customer service. The parties will co-operate fully with all quality assurance initiatives designed to improve the quality of service to the public.

The Government must live up to this deal and stand with the people present today and the victims. Not only am I challenging the Government, I am challenging those with direct responsibility in the pharmaceutical industry. What occurred was a criminal act and should be treated as such.

In her contribution yesterday, the Tánaiste stated: "The Government acknowledges in the strongest possible terms that the infection of people with contaminated blood products was catastrophic for them and their families". She also said that no monetary support or compensation can repair the damage done, which is a statement I support, but the Government must do something about this serious situation. The Tánaiste also said that the Government is "working with the victims of infection to provide all possible supports to them". I agree with such, but will the Government listen to what they say and agree to the sensible amendments before the House?

I watched last night's "Prime Time" programme. Anyone who needs to be convinced should have done so. This is an important human rights and national health issue; it was a crime against the people infected, which we should not be afraid to apologise for. The Tánaiste also stated: "The second form of recompense is the provision of a range of health care services under the Health (Amendment) Act 1996. The cost of the health care scheme is approximately €15 million per annum." I welcome this provision, but this debate is on people's rights, families and health.

While I do not wish to politicise this matter, the references to dissidents within the Government parties are also important. Will those 16 Members bring their views to the sub-committees of their parliamentary parties, the Tánaiste and Ministers of State present and support the victims? It could be a classic example of people getting their act together and using their influence. While I differ with the Labour Party and the Green Party on many issues, the Independents will support sensible amendments that will help the victims. I suggest that the Government backbenchers examine this idea. Sections 1, 2 and 3 should be opposed. The Labour Party amendments, of which I received a copy this morning, are sensible. I am not playing politics with this issue. If anyone tables a constructive amendment to help the families and victims, Members have a duty to support it. Overall, it is important to support the people involved.

We must also face the reality that the priority of any health service is to care for its patients, but such is not happening. Despite our wealth and resources, there are large gaps. We have an opportunity to make a positive contribution and plug the gap in this issue. We are discussing citizens, taxpayers, families, partners and the defence of human rights.

Many people are angered by the way in which this matter is being treated. I urge all Deputies to support the sensible and positive amendments tabled, forget about party politics and political baggage——

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