Dáil Éireann debate -
Wednesday, 13 May 1992

Vol. 419 No. 6

Written Answers. - Medical Treatment of HIV Infected Prisoners.

Patrick McCartan

Question:

67 Mr. McCartan asked the Minister for Health if his attention has been drawn to the fact that some doctors have refused to operate on prisoners who will not take tests for HIV infection; if he has raised the matter with the Medical Council; the response, if any, he has received; the steps he intends to take to ensure the prisoners are not treated in a discriminatory manner by members of the legal profession; and if he will make a statement on the matter.

Richard Bruton

Question:

188 Mr. R. Bruton asked the Minister for Health if, in view of the recent reports of medical authorities demanding tests of HIV status before treatment, and similar concerns in relation to access to insurance, he accepts that statutory provisions to outlaw discrimination are now necessary.

Minister for Health (Dr. O'Connell)

I propose to take Question Nos. 67 and 188 together. The Sub-Committee on discrimination of the National AIDS Strategy Committee has completed an evaluation of the situation regarding possible discrimination against persons with HIV under the following headings:—

—Segregation in prisons

—Health Care

—General Health Services

—Welfare Benefits

—The Work Place

—Insurance other commercial transaction

—Housing and Schools and Colleges

The Sub-Committee consulted a number of organisations, both statutory and voluntary, as part of the evaluation and considered that there is no evidence of institutionalised discrimination. There were some indications however that individuals with AIDS or who were HIV positive had either experienced discrimination or have the perception that there were being discriminated against in their daily lives. This applies in particular to prisoners who were required by some medical practitioners to establish their HIV status before being accepted for elective medical procedures. I am concerned that all persons with HIV/AIDS should receive medical care appropriate to their needs in a non-discriminatory way and I have asked the Medical Council to

(i) to give the report of the Sub-Committee urgent consideration and

(ii) to take the action necessary to implement the recommendations appropriate to the Council therein.

In this regard, the Council are examining the matter in the context of their "Guide to Ethical Conduct and Behaviour and fitness to practice" and will be submitting their views to me in the very near future.

As regards Insurance, the Sub-Committee has concluded that the procedure adopted for insurance and other commercial transactions are not discriminatory in the ordinary sense in which that term is understood as they are designed for merely commercial reasons. The Sub-Committee points out, however, that persons with HIV, are placed at a disadvantage in not having access to, for example life insurance or other death benefit cover.

I am not aware, nor was it represented to the Sub-Committee that prisoners with HIV were discriminated against by members of the legal profession.

The report of the Sub-Committee on discrimination has been circulated for action as appropriate, to the health boards, the Medical Council, the Department of Social Welfare, Environment and Labour and Justice.

As Part of the process of ensuring that the recommendations of this Sub-Committee of the National AIDS Strategy Committee are implemented I will be meeting the chairman in the near future to review the matter and will consider, on the basis of these discussions, the appropriate next steps to be taken.