Martin Kenny (Sligo-Leitrim, Sinn Fein) | Oireachtas source

The essence of the Bill is about the difference between the weakness and strength. I commend Deputies Donnchadh Ó Laoghaire and Pearse Doherty on bringing it forward.

An elderly lady, who lives not that far from me, was the victim of symphysiotomy in Manorhamilton hospital many years ago. For the most part of a decade, her two daughters went around the country to solicitors and action groups to ensure their mother would get some compensation. All the time they were told they were up against the State and the HSE, which are strong, meaning it was chancy and doubtful. Over time, as they were in contact with many others in similar positions, they found many affected elderly people went to their graves but never got any compensation or respect for what had happened. That is at the core of this legislation.

Members referred to the Johnson & Johnson hip replacement case where metals from the replacements leached into recipients' bodies and poisoned them. I know people who still have the replacements but because of other illnesses cannot get them removed. Last year, a court verdict on the same issue was handed down in Dallas, Texas, which ordered Johnson & Johnson to pay $1 billion in a multi-party action. These cases can be sorted swiftly if they are done together. The Bill is about dealing with issues swiftly and properly, as well as finding the mechanisms to do that.

Several years ago I heard the economist, Moore McDowell, brother of Senator Michael McDowell, on the radio talking about the greatest revolution of the 20th century. He claimed it was not electricity or any such technological advancements, but the formation of the limited company because it removed the constraints of the family business. What he really meant was that it removed the morality behind the family business. It meant a limited company could act as a body which could stand back from humanity. That is what we see happening with large pharmaceutical companies, banks and, in some cases, the State. They stand back, not recognising the weak person also deserves to be looked after and to be nurtured by society. The Bill is about ensuring people can come together to act as one for the common good. I would appreciate if the Government would change its mind and support the Bill for that very reason.

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