Rónán Mullen (Independent) | Oireachtas source

Rinne mé dearmad fáilte a chur roimh an Aire níos luaithe. Tá áthas orm an deis a fháil arís fáilte a chur roimhe.

I am very much in agreement with the tributes paid to Senator Colm Burke who is extremely thoughtful and has paid great attention to detail. I add my voice to those complimenting him on the work he has done in bringing forward the Bill which is typical of his approach. He is a very fine parliamentarian.

If there are two types of narrowmindedness that beset politics here, one is party political whereby Members immediately resort to defending their side and castigating the other, as we have seen this very day, while the second is the narrowmindedness of the Government towards the Legislature. There is real resistance to the notion that the Legislature might beat the Government to the punch in bringing forward sensible legislation. It would be as easy for the Minister to join in and seek to improve Senator Colm Burke's Bill as to propose to take it into account for the future.

I was struck by what Senator David Norris had to say in his very interesting speech. It reminds me of a recent story about a friend of mine who needed to undergo some liver tests or a cholesterol test. He advised the doctor and made his appointment for the next day. He turned up and was informed, after having various other matters looked after, that he could not have his bloods done because he had not been fasting. Therefore, he had to return on another day and was charged twice. When he returned to have his results explained to him, he was charged for a third time. The word that came to his mind at the time was "ching". This has nothing at all to do with the issue of indemnity, but it is one of good practice. It is definitely one of those areas in which we have a long way to go in "crowning the customer", to borrow the words of my distinguished colleague Senator Feargal Quinn.

This is a sensible, clear Bill, the aim of which is to improve the lives of citizens. It would close what is a very apparent loophole. Having insurance would be in the interests of doctors and the customer, the patient. It is interesting to note that in Austria, Germany, Latvia, France and Slovakia it is mandatory for doctors to have insurance. The Czech Republic, Finland, Hungary, Poland and Spain require health care institutions and individual doctors to be insured. In Lithuania and Portugal there is a requirement for institutions to be insured and it is also advised that doctors be insured. In Italy and Estonia having insurance is voluntary. In Denmark and the Netherlands there is a state indemnity scheme. Sweden also has a state indemnity scheme, but there is an additional requirement that doctors practising in the private sector be insured, either personally or through the service companies in which they work.

Discretionary indemnity is allowed in the United Kingdom, Ireland and Malta. Therefore, in our system we do not have a guarantee of cover. I am not saying anything any Member present does not know at this point. Can we do more to inform the customer, the patient, of ways of obtaining redress if he or she believes he or she has been harmed or mistreated? How do we give patients this knowledge, given that so many are travelling abroad for medical procedures? Patients need to be informed of the various systems in EU member states and the extent of the insurance provided. It would be worthwhile determining whether we could raise this matter at EU level during our Presidency. The subject of cross-border health care is very important.

The deterrent effect of the legislation would be great, but I would be concerned if the cost of cover were to be passed on to consumers through doctors' fees and charges. How do we protect against this, or can we? I would be interested in obtaining some information on this from the Minister and perhaps Senator Colm Burke in due course.

I commiserate with Senator Colm Burke as his very fine Bill is not being accepted. If he chooses to put the matter to a vote today, he will have my support. I hope the Government will, at the very least, not delay in bringing forward the necessary legislation.