Jan O'Sullivan (Limerick East, Labour)

I begin by adding to the collaborative atmosphere in the House by stating the Labour Party also supports Deputy Reilly's legislation and congratulates him on introducing it. I must comment on the fact that unfortunately when the 9 o'clock news is shown tonight this element of collaboration in the Chamber will not be the top item coming from this building. That said, it is positive and perhaps there is much more of it here than the public ever realises.

I am somewhat surprised no EU directive is in place in this area, as much legislation emanates from the EU in attempts to regularise what occurs in different member states. In the past, we all used to travel with our E111 forms. The E112 card allows one to travel from one member state to another to avail of medical treatment if they cannot obtain it at home. Considering there are many EU-backed opportunities to travel for different health care and treatments, I am somewhat surprised there is no overall standard in medical professional indemnity coming from the EU.

There is more movement of persons seeking treatment and of medical practitioners practising in other countries. This does not just apply to within the EU. I knew of a person from the Limerick area who, sadly, died in the United States when having cosmetic surgery some years ago. People do travel outside of the EU to have various cosmetic medical procedures. This legislation does not cover the dental area but many people are travelling for dental procedures to various countries. I am not sure whether they are covered by an indemnity scheme. If not, I would hope it could be incorporated in the legislation in the future.

We live in a world in which there is much commodification of medical care and where procedures are an item people buy in the private sector rather than getting treatment in a public system in which doctors work for the public good, as Deputy Jim O'Keeffe said earlier. This is part of the driving force behind Deputy Reilly's legislation. Medical practitioners, some of whom do not live in the State, carry out certain medical procedures but are not adequately covered by insurance. It is important this piece of the jigsaw is in place. The Minister of State, Deputy Áine Brady, outlined what procedures are already in place. The obligation to have clinical indemnity is not on the Statute Book but should be.

I was impressed with the New Zealand system of no-fault indemnity when the Committee on Health and Children received a presentation on it. It makes much sense and is one we should be considering. It is built on trust between patients and doctors and the kind of principles that guide people who work in the medial profession. The €60 million a year spent on medico-legal issues, €20 million of which goes on lawyers-----

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