Seanad debates

Wednesday, 4 March 2015

Redress for Women Resident in Certain Institutions Bill 2014: Committee Stage

 

10:30 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit agus muid ar ais arís ag plé an Bhille iontach tábhachtach seo. Ar na leasuithe trí chéile, sílim go n-aontaítear ar an dtaobh seo den Teach nach bhfuil an méid atá molta ag an Rialtas ag teacht leis an méid a gealladh.

We have had a briefing subsequent to the Second Stage debate on the issues we raised with the Minister of State. It is clear to me that the Magdalen survivors do not take the same reading of this legislation as the Government. They have sent us more information and appealed to us to bring forward the case. We are calling on the Minister of State to look again at the amendments put forward. Basically, they cover the area of Mr. Justice Quirke's redress scheme and what the Magdalen women believe to be missing from what the Government is putting forward.

The Government told the Dáil that it would implement the redress scheme in full, but it has reneged on its commitment according to the women. In respect of section 2(1)(b), drugs, medicines and appliances should not be limited to the medical card reimbursement list. They are not so limited under the Health (Amendment) Act card. As we explained, appendix G of Mr. Justice Quirke's report sets out how Health (Amendment) Act cardholders are entitled to any prescribed medications, drugs or appliances whatsoever. Mr. Justice Quirke recommended in appendix E of his report the following provision in place of section 2(1)(b): "drugs, medicines and medicinal and surgical appliances".

Section 2(1)(e) relates to dental, ophthalmic and aural services and references the Health Act 1970, namely, the medical card Act. This should be removed. We have been told the reference to the 1970 Act limits these services to the medical card standard, but 90% of the Magdalen survivors already have a medical card or general practitioner visit card according to Mr. Justice Quirke.

The Minister for Justice and Equality amended the wording relating to GP services in section 2(1)(a) after Committee Stage to remove the reference to the 1970 Act. She did this to make it clear that the women would be entitled to private GP care rather than normal medical card standard GP care. The Minister of State should do something similar for dental, ophthalmic and aural services. Mr. Justice Quirke's recommended wording relating to the Health (Amendment) Act 1996 in appendix E of his report is "dental, ophthalmic and aural treatment and dental, optical and aural appliances". This wording should substitute the current section 2(1)(e).

There is a major difference between the medical card and the Health (Amendment) Act card, as we teased out on Second Stage. For standard dental, ophthalmic and aural services, Health (Amendment) Act cardholders can visit any private practitioner and when referred for hospital treatment they are entitled to an appointment within two weeks.

Similar points arise in section 2(1)(f) relating to counselling. It is believed that this section should be amended to provide for counselling for immediate family members as well as the Magdalen women. Health (Amendment) Act cardholders receive free counselling for immediate family members, as explained in appendix G of Mr. Justice Quirke's report. The Minister for Justice and Equality has stated that this service is not needed for immediate relatives of the Magdalen women. Justice for Magdalenes research respectfully disagrees with that and we support this view. The Magdalen laundries abuse has affected these women's entire lives with many suffering from post-traumatic stress disorder, depression and other mental illnesses as a result.The women's experiences in the past and present have often affected their loved ones, including children and partners. Some of the women who were in contact with Justice for Magdalenes research have only very recently begun to speak to family members about their experiences in the Magdalen laundries. It is our view that the immediate relatives of Magdalen survivors need and deserve access to counselling services in the same manner as the family members of HAA cardholders.

On the note regarding complementary therapies, it states the Bill should be amended to provide for complementary therapies which are available to HAA card holders if provided by a GP, registered nurse or physiotherapist. It refers to massage, acupuncture, reflexology, hydrotherapy and aromatherapy. The Minister for Justice and Equality has stated that she cannot include these in the Bill because the Minister for Health is opposed to them. However, she has acknowledged that she believes in the benefits of such complementary therapies and the Minister of State, Deputy Kathleen Lynch, who has responsibility for primary and social care opened acupuncture awareness week this week. The Minister for Justice and Equality has stated that her Department will consider-----

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