Dáil debates

Friday, 30 June 2006

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

 

1:00 pm

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)

Having listened to many speakers and listened carefully to playbacks of most people's contributions over the days since this debate began, something I rarely do, I will try to avoid being repetitive. I do not know what I can add. This is an attempt to right a grievous wrong. Although much of what is proposed is along the right lines, it would be less than honest of us not to mention some outstanding concerns which need to be addressed by the Tánaiste either in her reply on Second Stage or on Committee Stage. An earlier speaker said this Government is guilty of compassion fatigue. It is not. The best motives are behind this legislation. DeputyArdagh mentioned somebody he knows who has hepatitis C and without knowing it my first appointment this morning was with somebody who has hepatitis C, with whom I discussed his inability to get mortgage cover. In the course of conversation it transpired that many of this young man's colleagues, in a profession where a high level of comprehensive motor insurance is required, often find the only way to get motor insurance is online. This is because if they are asked a straight question about whether they have hepatitis or any other disease, they would have to answer in the affirmative and are likely to be told they cannot get motor insurance.

I must declare an interest. I am one of the trustees of the Irish Diabetes Federation. Through this I have gone through, in a less dramatic way, some of the issues these people are going through regarding barriers that have to be breached. It is difficult to breach barriers. For example, every year I have to ask a consultant to sign a declaration that my condition has not deteriorated and that I am not a danger to the public while driving a car. I am also a carrier, but not a sufferer, of haemochromatosis, which is in my family. One never knows when it will become an inhibiting factor to one's entitlements.

The Government is bearing in mind many of the fears people have. The four groups most deeply involved, the Irish Haemophilia Society, the Irish Kidney Association, Positive Action and Transfusion Positive, have some concerns that must be allayed. Discussions are going on as to how those concerns can be addressed. I was in the Chair earlier when we received copies of the further amendments on the second test proposed by the Tánaiste. That is welcome. With the science developing around this condition it will be possible to have more definitive testing and more accurate diagnosis. A formula must be found to allow some aspect of this legislation to be revisited and to allow barriers that may present themselves now to be removed. For example, no bona fide evidence that might emerge should be excluded. I will not elaborate on the caveats on this. The number of people is not large and the cost will not break the State. Compassionate grounds are not always a good reason to do something. Actions should be taken because they are right. However, even if it were to be done on purely compassionate grounds, there are good grounds for examining the sections of this Bill that are of genuine concern.

It is rare in this House that people from all parties articulate approximately the same concerns. There will always be one or two who cannot resist the temptation to revisit the Fianna Fáil tent, which I have never been to, in Galway or elsewhere where we are all said to spend our personal and political lives. Aside from this I heard good contributions, particularly from Deputy Kathleen Lynch yesterday. I take on board what she has said on behalf of groups and would like to be associated with the type of suggestions she and the people she works with are trying to bring forward.

There is an opportunity in this legislation to be inclusive without weakening the position of the State. While I understand that officials in the Attorney General's office are always looking over their shoulders at precedents and knock-on effects, it must be possible for a response to be made between now and the enactment of the Bill to address most, if not all, of the concerns that have been articulated by Members and people who are probably in the Visitors Gallery or elsewhere in Leinster House. It must be possible to make a provision that will allow for this legislation to be revisited. We do it often enough. Amendments to Bills have often been brought in here at short notice. That possibility should not be excluded. With those caveats I welcome the Bill and look forward to further debate on it.

Comments

No comments

Log in or join to post a public comment.