Sheila Terry (Fine Gael)

I move amendment No. 4:

In page 7, paragraph (a), line 41, to delete "one year" and substitute "two years".

This is one of the most important sections of the Bill. We welcome the Bill's overall aim to reduce the number of fraudulent claims. However, I have great difficulty with the prospect of limiting the right of genuine claimants to bring forward cases. The reduction of the limitation period from three years to one year is a matter of grave concern to many people. It is misguided and my amendments seek to change it. Recovery is the main concern of people who have been in a serious accident, which takes time. The first thing on the minds of people who make genuine claims is not putting the claims process in train; it is about getting better. Limiting the timeframe to one year will not give people the necessary time to recover and think about putting a claim forward. The real losers will be genuine people who want to make claims. They are not the ones we have set out to tackle but those who have been making fraudulent claims.

A case in point is the recent situation in Drogheda. I will not name the doctor involved but we are all aware of it. Only five of those women would fall within the 12 month time limit. As matters stand, only about 20 women come within the three year time limit. There are approximately 70 other women who fall outside the three year limit. If we go along with the Minister's proposal we will put in place a system where many people will fall outside the time limit. This would deny people the opportunity to lodge their genuine claims, which is something we must avoid.

We have received letters from numerous interested parties on this matter. I received a copy of a letter from Patient Focus addressed to the Minister. This group deals with women who have experienced medical negligence, particularly in Drogheda. The letter made for interesting reading and brought home the point of how these women need a time limit of at least three years. We suggest a time limit of two years. I realise the timeframe has been significantly reduced over the years, which was a good thing. At one point the reduction was from 20 years to 12 years to six years. However, there is a danger we can go too far, which would be the case if we bring it down to one year.

As the letter from Patient Focus indicated, taking legal action is not the first step. The priority for people in such circumstances is to get better and they may subsequently take legal action. In many cases it can take people months to recover. A year could well have elapsed by the time they get medical reports. A one year time limit could put people at risk. I urge the Minister to examine the timeframe again and increase it to two years to ensure we protect genuine claimants, which is the purpose of the legislation.