Dáil debates

Friday, 30 June 2006

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

 

1:00 pm

Paddy McHugh (Galway East, Independent)

To have people infected with contaminated blood products through no fault of their own and with no knowledge that such a thing was happening is tragic. The devastation that must have been caused to the people affected and their families cannot be comprehended. To have such havoc landed on innocent people by a State agency is incomprehensible. It therefore behoves the State to act in a thorough and comprehensive manner to ensure that amendments are made and that some element of comfort is provided to those people affected by hepatitis C and HIV.

All the indications were that progress was being made and that the proposed measures had the full support of the representative organisations, given their full involvement and the consultation with them. It is disturbing and disappointing to find that the measures proposed were not discussed or agreed with the representative organisations, which must be a major blow to the confidence of those affected. They have had their lives destroyed by contaminated blood products administered by the State. Now, they again find that the State has not been upfront with them. This is a scenario that cannot be allowed to remain unaltered.

A balanced approach is needed to rectify this unacceptable situation. I listened to some of the contributions to this debate yesterday. To put it mildly, some of the language was nauseating and contributed nothing to a resolution of the difficulties involved. There is no place for emotive, irresponsible language designed to inflame a situation which calls for informed, controlled, logical argument to achieve the best results for those affected.

To listen to some of the comment yesterday one would have thought the Tánaiste was acting for some spiteful personal reason, which is not the case. The Tánaiste is acting on advice. She has many considerations to take into account and it is not a weakness for us to acknowledge that. However, in this instance, because of the raw human issues involved, further refection is needed. We need to separate the introduction of an insurance scheme from the additional factors that are being included. To be fair, those affected were awaiting the introduction of an insurance scheme and that was the only issue discussed with them in regard to the proposed Bill. Consequently, they again feel hoodwinked and let down by the State.

This is not an acceptable way to treat innocent people who are living life sentences through no fault of their own. These people have come through hell. They have had to battle with various Governments over a number of years. Many of them have died without bringing their campaign to a successful conclusion. They have died feeling betrayed by the State and feeling that nobody cares. They are ordinary, innocent victims who were further victimised by the State which was originally responsible for their misery and which made them fight every inch of the way for basic measures to help in some small way to deal with the terrible burden inflicted on them.

They can be forgiven for feeling the State does not care. They can also be forgiven for feeling that the caring society we are supposed to have does not exist. These people need to get the maximum the State can provide for them, and they need to get it with the minimum of fuss, with no strings attached and with no complications. For those reasons, I ask the Tánaiste to withdraw the additional elements attached to this insurance Bill and to move ahead only with the insurance elements of the Bill at this time.

I noted the Tánaiste's statement yesterday, with regard to the Bill as presented, that the amendments proposed will not adversely affect any of the people concerned. That may be so, and I do not wish to discuss it in this debate. If the Tánaiste makes the decision to proceed with the insurance element only at this time, and if she feels the need to come forward at a later date with amendments to existing legislation, so be it. By proceeding with the insurance element only the Tánaiste will not be giving in or capitulating to pressure but will merely be showing herself to be human and caring, a person who understands the anxieties of others and one who is anxious to avoid causing further distress to those concerned. She will indicate that she is a fit person to be Tánaiste by being open to considering other views and being big enough to act in a humanitarian manner when the need arises.

Every action it is possible to take should be taken to avoid causing those involved any additional anxiety or hardship. During the "Prime Time" programme on this issue last night, one of the contributors stated he would not expect to get anything in regard to this issue without a fight. His next words were heart-rending. He said: "My days of fighting are over." He is obviously tired, frustrated and let down. He feels alone and betrayed and is, in a sense, a pariah, all because of an illness that was cast on his family by State negligence. He had to fight the State continually to get some recompense. It is a fight he has fought for years, until now when he says: "My days of fighting are over."

Also highlighted in the "Prime Time" programme were the minimal expectations of those affected. Another man wanted this insurance scheme put in place simply because he wanted to go on a foreign holiday where he could "bring my daughter onto the beach to play tennis". This is a simple wish for any caring father but the desire of a father to bring his daughter on a foreign holiday and play on the beach is being denied to fathers who were infected with hepatitis C and HIV because they cannot get travel insurance, a facility available automatically to most people but not to those with these conditions.

The insurance elements of the Bill are welcome and will remove many of the impediments experienced by a large number of people. It will, however, be unfortunate if the good elements of the Bill in the area of insurance are polluted by the additional elements included without consultation. There is no justification for calls for further delaying the introduction of the insurance proposals in the legislation. They should be enacted immediately and additional features left in abeyance. If the Tánaiste and Minister for Health and Children believes it necessary to reactivate these additional elements in future, she can engage in full with the representative organisations and, following due consideration, produce proposals for discussion. I appeal to her not to spoil what could be regarded as a reasonably good day for people affected by hepatitis C and HIV by virtue of the provision to establish an insurance regime by attaching to the legislation features which are objectionable to those concerned.

As an Independent Deputy, I carry no baggage, I am not obliged to go out and bat for any particular party and I am free to speak my mind and vote accordingly. At all times, I attempt to judge each issue on a rational basis. To the confusion of many Members, I sometimes vote with the Government and, at other times, with the Opposition. All Deputies should operate in this fashion and vote at all times on the merits of the issue. On this issue it is clear that any caring, concerned and compassionate Deputy must vote in accordance with the request of the four advocacy groups, the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive. These four organisations have done extraordinary work on behalf of the people affected and have a wealth of knowledge, bank of information and high degree of competence. As such, their expertise in this area cannot be ignored in this instance.

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