Máire Geoghegan-Quinn
Ceist:2 Mrs. Geoghegan-Quinn asked the Minister for Health if his attention has been drawn to any women infected with hepatitis C who have begun actions to take the Blood Transfusion Service Board to the High Court. [12020/95]
Ceisteanna—Questions. Oral Answers. - Blood Transfusion Service Board Summons.
Mary Harney
Ceist:37 Miss Harney asked the Minister for Health if he will guarantee statutory rights to future health care to the women infected with hepatitis C from the anti D vaccine; and if he will make a statement on the matter. [12042/95]
(Limerick East): I propose to take Questions Nos. 2 and 37 together.
I understand that 249 plenary summonses have been served on the Blood Transfusion Service Board (BTSB) in relation to hepatitis C. As the Deputies will be aware, I have published the scheme of the compensation tribunal to pay compensation to Anti D recipients who have contracted hepatitis C and their partners and children who have contracted hepatitis C, in line with the commitment in the policy document, A Government of Renewal, to fair compensation for women infected with the hepatitis C from Anti D. A copy of the scheme has been sent to all those who tested positive for hepatitis C virus-antibodies under the National Blood Screening Programme.
Concern has been expressed by "Positive Action"— the support group for the Anti D women and their families — that the special hospital services and other arrangements put in place for those infected with hepatitis C will be reduced or removed at some stage in the future.
On behalf of the Government, I wish to assure the Dáil and those who have contracted hepatitis C, that all the special additional services put in place for persons who have tested positive for hepatitis C will be available for as long as they are required. I know there is all-party support in the House for the future funding of these services and a shared commitment to ensure the continued on-going availability of the highest quality healthcare services. The needs of those who have been diagnosed positive for hepatitis C will be monitored and re-assessed on a continuous basis to ensure that the necessary health care and support services are provided to meet their needs.
All the services being provided in the public hospital system at present are being provided on a statutory basis under the Health Acts. Similarly, the persons availing of these services are exercising their existing statutory rights to free public hospital services under the Health Acts.
I am continuing to examine the question of extending and enhancing the existing statutory provisions governing the provision of health care services now and in the future. I met last week with the executive committee of "Positive Action" and it has agreed to continue discussions with my Department on these issues and has also agreed to submit a document to my Department on these matters in the near future. I assure the House that I will give serious and detailed consideration to any proposals "Positive Action" put forward.
I thank the Minister for his reply. When the Minister last replied to questions in the House he stated that he wanted to encourage as many people as possible who had been infected with hepatitis C to go to the tribunal. We, on this side of the House, agreed this would probably be the easiest way to compensate the women, and we were anxious, as was the Minister, that groups like "Positive Action" would encourage their members to do that. It is of concern now that such a substantial number of people have decided to go the other route. The Minister must be aware that "Positive Action" have said they are not happy with the tribunal, and one of the things they have asked in advance of seriously considering the tribunal and recommending it to their members is that the Minister would give a statutory guarantee of continuing quality health care for all of those infected. If the Minister is prepared to do that it would certainly break the present logjam.
(Limerick East): There is nothing recent about this. The plenary summonses lodged with BTSB, some directed in the first instance to my Department, did not come in subsequent to the announcement of the tribunal but have come in over the year and a half since the question of hepatitis C infection from anti-D product came into the public domain in February 1994. Nothing has changed in that it would be normal practice that a woman, on consulting her solicitor, would be advised to open proceedings.
As regards the tribunal and the equally important issue of ongoing health care on a statutory basis, the tribunal is to deal with the compensation women will receive and it cannot deal with the issue of ongoing health care. I have been asked to guarantee that statutory ongoing health care will be provided. Existing Health Acts already guarantee that. The debate centres around the issue of quality and I will continue my discussions with Positive Action and others to see how that can be improved.
The fear has been expressed that Administrations change as time goes by, new economic circumstances arise and what is available now under statute may not be available in the future. I am considering how best to deal with that. It was never my intention that the ongoing health needs of those women who were so unfortunate as to contract Hepatitis C would be dealt with within the terms of the tribunal. It is an important matter with which I will deal as expeditiously as possible. I promised the executive committee of Positive Action that we would bring forward proposals in writing for their consideration and they will submit proposals in writing to me also.
I understand the Health Acts already give that guarantee, but Positive Action and others are genuinely concerned that if there are difficulties in the economy in the future there may be a tendency not to live up to a guarantee given by a previous Administration. I am not sure if they want the statutory guarantee included in the tribunal, but if it were possible to amend one of the Health Acts to specifically write into law a guarantee for continuing health care for them and their affected dependants it would break the logjam. The Minister might look at that proposal.
(Limerick East): The Deputy's suggestion is a good one. I will look at it and include it in the ongoing talks with Positive Action.