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Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Deputy is not allowed to allege that in the House. I am trying to address the legislation to the best of my ability. I do not pretend to be perfect in this matter but I do not accept that I am not telling the truth. I am trying to explain to the House——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: ——that the application of an objective standard is necessarily an inherent element of any form of clinical diagnosis in this context and the Tánaiste and Minister for Health and Children is legislating for that. She has indicated, because of the concerns that have been raised, that she is prepared to examine the possibility of recognising, in legislative form, other tests. She will bring...

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All the Minister is doing is providing that the specialist opinion must have——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All she is doing is providing that the specialist opinion must have a foundation in a reputable scientific test. How can the Minister and the Government——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: Specialists differ. Anyone who is familiar with the operation of the courts will testify to that, as will anyone giving an account of the treatment of his or her own condition.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: It is not only decent, straightforward general practitioners, like the Fine Gael spokesperson on health who differ, but also specialists of great eminence, repute and qualifications.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: All the Minister is providing for here is a series of recognised scientific tests. Why this should create so much hot air on the Opposition benches eludes me.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Tánaiste is prepared to incorporate into an amendment a recognition of other tests, with the possibility of scientific evolution in the recognition of tests.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I also wish to deal with the question of consortium. It is a highly technical issue.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: One key point about consortium is that the victim ——

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I know exactly the society to whom it refers. We all know what consortium refers to but in its legal aspect it is somewhat technical because the claim does not belong to the victim. It is not a claim of the victim but one which has always existed for the partner or the spouse of a victim who has been deprived of that consortium.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: Perhaps the Deputy might allow me to conclude on that issue. The history of this matter in common law was always that if someone was involved in an accident, the partner or spouse had a claim for the loss of consortium. However, that claim in common law never applied to someone whom the person who had suffered in the accident might subsequently marry. That is the key point. By not enacting...

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I am not doing that. I have not said that.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: I am not saying that.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: No one can have anything but sympathy for those suffering.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: As legislators, we must draw a line that reflects the traditions that always existed and applied to all other wrongdoers.

Hepatitis C Compensation Tribunal (Amendment) Bill 2006: Second Stage (Resumed). (29 Jun 2006)

Brian Lenihan Jnr: The Deputy is not prepared to do that in the context of this legislation.

Consultancy Contracts. (29 Jun 2006)

Brian Lenihan Jnr: I am replying on behalf of the Tánaiste and Minister for Health, Deputy Harney. I thank Deputy Glennon for raising the matter. The Health (Repayments Scheme) Act 2006 was signed by the President on 23 June and provides a clear legal framework for a scheme to repay recoverable health charges for publicly funded long-term care. The Health Service Executive has responsibility for administering...

Pension Provisions. (29 Jun 2006)

Brian Lenihan Jnr: I am delivering this reply on behalf of the Minister for Social and Family Affairs. I must deliver a considerable amount of the reply before Deputy Hayes arrives at the reason for the delay. That said, I thank him for raising this matter on the Adjournment because I am aware of these delays. The Department of Social and Family Affairs is committed to providing a quality service to all its...

Prison Building Programme. (29 Jun 2006)

Brian Lenihan Jnr: I am replying on behalf of the Minister for Justice, Equality and Law Reform. As mentioned in Seanad Éireann yesterday, the need for a new prison to alleviate the current overcrowding at Cork Prison has been well documented, which the Deputy acknowledged in raising the matter. Recently, the Inspector of Prisons in his inspection report on Cork Prison condemned the facility and acknowledged...

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