Dáil debates

Friday, 30 June 2006

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

 

12:00 pm

Ollie Wilkinson (Waterford, Fianna Fail)

I wish to share time with Deputy Devins. I welcome the opportunity to speak on this sad situation. Much has been said and written on this matter and many people have suffered as a result of what happened. Nothing in monetary terms and no words of mine or those of the eloquent speakers to whom I have listened can right the awful wrongs done to those people.

We are discussing those who survived, but many did not. A number of friends are in this situation. While sympathy does not do much good, I have the deepest sympathy for those affected. The Government acknowledges in the strongest possible terms that the infection of people with contaminated blood products was catastrophic for them and their families. While monetary compensation helps in a way, it can never repair the damage done to them. Ireland is doing more for victims compared with other countries in similar circumstances. The Tánaiste announced the publication of a Bill to establish a statutory scheme to address insurance difficulties experienced by people infected with hepatitis C and HIV through the State-administered blood products.

It is shocking to read about this situation and to see and know the people involved. The Tánaiste said this was an important measure to provide further support to people diagnosed with hepatitis C and HIV as a result of contaminated blood products being administered to them. Since 1997 it has been clear that infected people's ability to buy life assurance or mortgage protection policies added further problems to the damage they had already suffered. This Bill will bring about three forms of recompense, namely compensation, a special health card and life assurance support. If anything else can be done to provide adequate assistance to the people in this awful position it should be considered.

How can the awful damage that has been done be repaired? The Government is making an attempt to do so in this Bill, which will also allow for the development of a scheme for travel insurance, from which many people will benefit. It is funded by the Exchequer to the tune of between €1 million and €6.4 million per year for up to 30 years. Money can certainly help but we must always be acutely aware of what people suffered and remember those who, sadly, did not survive.

To ensure a consistent approach to all three supports it was agreed by Government that a hepatitis C diagnosis in the Hepatitis C Compensation Tribunal Acts of 1997 and 2002 and the Health (Amendment) Act 1996 should be defined in terms of a scientific test, ELISA. A similar scientific diagnosis of hepatitis C is used in other jurisdictions, namely the UK and Canada, where compensation schemes operate. The relevant sections would come into effect on 20 June but do not affect any claims already made to the compensation tribunal. I ask that all situations be studied again and examined thoroughly before any final decisions are made.

The objective of the scheme is to provide reasonable access to the insurance market, with certain limitations, for those for whom the cost is prohibitive, or cover unavailable. The existing supports are the hepatitis C and HIV compensation tribunal and the Health (Amendment) Act 1996, which provide for a range of health care services free of charge.

I will briefly summarise the insurance scheme. The State pays the additional risk premium while the life assurer is willing to provide cover subject to an additional premium. The State assumes the risk of the life cover where the assurer is not willing to provide it. In each case the person requiring insurance will pay the average basic premium which an uninfected person of the same age and gender would pay. The scheme will be available in respect of all standard life assurance policies offered by life assurers who are authorised to transact life assurance policies in Ireland and who opt to participate in the scheme. Life assurers 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 and specific details on the administration of the scheme will be set out in regulations. An administrator will be recruited as soon as possible after the enactment of primary legislation.

While all the above is welcome, we are dealing with one of the most tragic health-related occurrences in the history of this State. It has affected many people and their families and will do so for some time to come. I ask that all of us consider very carefully any potential schemes to help the people who suffered as a result of a mistake on the part of the State, before any final decisions are made.

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