Seanad debates

Wednesday, 5 July 2006

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

 

8:00 pm

John Minihan (Progressive Democrats)

I join previous speakers in welcoming the Tánaiste to the House. I support the legislation before us. It is admirable and indeed vital that all possible steps are taken to ease difficulties experienced by persons infected with hepatitis C and HIV through the administering of blood.

There is hardly a valid objection to be raised against providing reasonable access to the insurance market for those vulnerable persons for whom the cost is prohibitive or cover is unavailable because of this tragedy. The road that has led us here has been a hard one for those infected persons and their families whom we should not forget. Theirs has been a journey of grief, suffering and the loss of loved ones.

As the Tánaiste made clear, the infection of people with contaminated blood products was catastrophic for them. No monetary support or compensation can even come close to repairing the damage done. Nevertheless, it is unconscionable that steps which could be taken under legislation to remove some sources of added distress would not be taken.

I commend the work of the Tánaiste and the Government for the specific measures in this Bill. At her initiative, Ireland is doing as much, and more, compared with other countries, for victims in similar circumstances. This is as it should be. The Bill is an addition to the existing support for people, namely, the hepatitis C and HIV compensation tribunal, and the Health (Amendment) Act 1996, which provides for a range of health care services free of charge. This Bill is another step in dealing with this terrible tragedy and the legacy of the mistakes of the early 1990s. The legacy includes the deaths of at least 88 haemophiliacs who contracted HIV from contaminated blood products and the infection of more than 1,000 people with hepatitis C from infected batches of anti-D.

By the end of last year some 2,000 claimants had been dealt with by the hepatitis C and HIV compensation tribunal. Approximately 1,000 people were anti-D recipients, 700 were blood transfusion recipients, and there were others. The Irish Blood Transfusion Service was quoted in The Irish Times as saying there is a need "to accept the past without denying or discarding it". Dealing with the repercussions must be truly awful. The literature on living well with hepatitis C, refers to dealing with stress.

I cannot even begin to imagine how difficult this must be for the people involved. I hope, however, that the free GP services, free prescribed drugs, medicines and appliances, dental and ophthalmic services, home support, home nursing and counselling services supplied under the 1996 Act provide some help. Each of the Health Service Executive regions has a hepatitis C liaison officer whose job it is to ensure that all those infected with hepatitis C from blood or blood products receive the services to which they are entitled under the terms of the 1996 Act.

Notwithstanding this, it is wrong that infected people would face the obvious stress of being unable to buy life assurance or mortgage protection policies. This stress can and should be removed where possible. I welcome this Bill and the three forms of recompense now provided for, namely, compensation, the special health card and life assurance support. In addition, this legislation allows for the development of a travel insurance scheme. Money should not be an issue when it comes to measures for these groups. I welcome the provision of the estimated €1 million to €6.4 million per year, for up to 30 years.

Under the Bill, the State will pay the additional risk premium where the life assurer is willing to provide cover, subject to an additional premium. Where the assurer is not willing to provide this cover, the State will assume the risk. The State must do what it can to help infected persons and by making sure that the person requiring insurance will pay the average basic premium which an uninfected person of the same age and gender would pay, the State is making a real and important difference in this regard.

The scheme will be administered under the aegis of the Health Service Executive and the specific details on the administration of the scheme will be set out in regulations. I urge the HSE and the administrator, who is to be recruited as soon as the Bill is enacted, to work quickly on this valuable scheme.

Regarding the mortgage protection cover for purchasing, changing or improving the home, I am glad the provisions take the realities of our housing market into account. This element of the legislation will cover an overall maximum of the average Dublin house price plus 25%, or €375,000, linked to the TSB-ESRI Dublin house price inflation index. We must, however, acknowledge the realities. This cannot always be the case, for example in respect of grants but in this case I acknowledge and welcome this provision.

I also commend the open period for young people, who are not ready to avail of insurance or mortgage protection until their 30th birthday. This provision makes for a more equitable scheme. The awarding of compensation to the spouses and partners of the people under discussion, if the relationship commenced before the diagnosis of hepatitis C or HIV was known, to which Senator Ryan alluded, is correct. I welcome this scheme, which is not without controversy. It is necessary and right that there should be a consistent approach to the supports provided by the State. I accept that the tragedy under discussion is particularly awful. The symptoms linked with hepatitis C are not particular to it. Having worked in the pharmacy sector, the Minister of State, Deputy Tim O'Malley, like all other Members of the House, will be aware that fatigue, aches, pains, depression, dry skin and rashes are symptoms of many ailments. They are not associated with hepatitis C alone. That poses a problem.

In this Bill, the State is meeting some of its many duties. We must not forget it has a duty to ensure that the support schemes it establishes are fair and equitable. Eligibility under those schemes must be determined against clear and consistent criteria. If it is to meet the duty I mentioned, it has to ensure that diagnosis is determined by means of an accepted test that is in line with best international practice. I welcome the fact that, as Senator Ryan mentioned, this legislation has been amended to provide that further tests, including tests which may become available in the future, may be used. While it acknowledges the valid concerns which were expressed last week, the Government has acted as it must by setting the internationally accepted standard method for diagnosing hepatitis C as the method to be used for the purposes of the Irish health care services. The legacy of the tragedy of infection by blood and blood products is a terrible one for those infected, their families and their friends. This Bill represents a welcome intervention by the State to help to deal with one aspect of that legacy.

I welcome the Bill. I commend the Tánaiste and the Government for this initiative. As I outlined, stress management is a large part of positive living for those who have been infected. The Bill is a valuable step in reducing and hopefully removing a source of stress from people who have suffered dreadfully already.

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