Seanad debates

Monday, 15 July 2013

Adjournment Matters

Medical Indemnity Cover

8:55 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I apologise for taking up the Minister of State's time as I realise he has been waiting all evening.

I refer to the issue of compulsory insurance for medical practitioners, an issue on which I published a Private Members' Bill which was debated in the House in January. At the time I was advised by the Department and know it has some other urgent issues on its cards. This matter was raised in 2009 by the Minister for Health, Deputy James Reilly, and at that stage the Department stated it would be dealt with by January 2010.

I have been in contact with people practising in the area of cosmetic surgery who are very concerned about a number of incidents, in respect of which they are not satisfied there was adequate medical insurance cover. I have also come across a case and was advised by a legal colleague involved in the litigation that the medical practitioner in question had admitted he was not covered by insurance. This issue must be resolved. As I noted in the debate referred to, I cannot practise as a solicitor without insurance. The Minister of State cannot drive a car without insurance, yet we have GPs who have no legal obligation to have insurance. Concern is growing that because people currently face many financial pressures, they may start to take short cuts. I am concerned this may happen also with people involved in medical practice; therefore, there is urgency attached to dealing with the matter.

I understand there may be a situation where there is inadequate insurance cover for breast implant surgery, which is also of concern. Having regard to the EU directives on the free movement of people and the provision of services, there is nothing to prevent medical personnel coming here from the United Kingdom. Although they must be registered with and work through the Medical Council, the council has no power to force any such person to have insurance. I know of one centre that closed because of the number of claims it had received, but it has reopened under another name. There is concern about that case, particularly those involved in the area of cosmetic surgery.

What progress has been made? The Bill was debated in this House. We consulted widely with the Medical Council, the IMO and the IHCA in preparing the legislation. We met representatives of the insurance industry who flew in from England to talk to us about it and took on board their amendments. There is the basis of legislation which we must deal with and expedite. Obviously, the Bill we have been debating for the past three or four hours has been given priority within the Department, but I ask that my Bill not be pushed further down the road and that we try to deal with it as soon as possible.

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