Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I am disappointed that the Minister of State, the Minister and those behind the legislation we are considering have decided they cannot accept this amendment, which I consider reasonable. It does not seek to force anyone's hand by making mandatory insurance applicable across those disciplines where it does not currently apply. It will be interesting to see whether the Minister, Deputy Reilly - I emphasise that he is a doctor - will be expeditious in bringing forward proposals to facilitate what the Minister of State has just advised us. We will watch this space with considerable interest in the time ahead.

The purpose of the proposed amendment to section 40 is to lift the statutory requirement. No one present argues that midwives should view indemnity insurance as an option. We are trying to cater to all circumstances which could arise and recognise the difficulties that currently apply.

A new EU directive on mandatory insurance will come into force after Easter. It will make unnecessary that for which the Minister of State argues. The cross-border health care directive will oblige member states to ensure proper indemnity is in place. In fairness to the European Union, of which I am not a fan, the directive recognises that fair and reasonable insurance must be in place before insurance can be made a legal requirement. This is not currently the case in Ireland.

I appeal again to the Minister of State on this issue. It is not the case that we are allowing a deficiency to continue. Things are being catered to but we should not single out midwives in terms of statutorily forcing on them a particular hand which does not apply to others. I do not believe it is the Minister's intention to apply it to them in the time ahead.

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