I welcome the opportunity to raise a no fault compensation scheme for people injured at work. Many people would be surprised to learn that one would have to go to court to establish the right to compensation for injuries sustained in the course of caring for an individual at work.
One may remember that two psychiatric nurses were almost killed in Portrane almost ten years ago. People would be surprised to learn that these nurses are still fighting for compensation through the courts for having almost lost their lives. Will it take a death at work before the Minister reacts? There is no sense of urgency in the Minister's response to the situation.
Assaults on health care staff are a common occurrence, from reception, to the accident and emergency department, the psychiatric unit, learning disability centres and in the community. The Health and Safety Authority recognises that psychiatric and accident and emergency nurses are in the high risk category for assault.
Different measures have been taken to reduce the level of assault, for example, security doors, alarms, camera system and lighting, but assaults still occur. As well as physical assaults, one may experience a verbal and or a minor assault, which is not reported. Only when somebody must take three days annual leave following an incident is it a notifiable assault and approximately 80 such incidents occur each year. We must take note and take appropriate action.
Health care staff must not accept that level of abuse, however it goes with the territory that there will be some form of physical and verbal abuse, not to mention aggressive behaviour. In an accident and emergency unit, people are in traumatic situations and they do not always act rationally when frustrated. This is a reason there will always be some incidents no matter what action one takes.
The Minister for Health and Children established a working group to introduce a no-fault compensation scheme. On 16 April 2003, he gave a commitment that the findings of the working group would be implemented. Its main objective was to draw up a no-fault compensation scheme for the nurses. The process has been completed and they agreed the compensation scheme would be introduced early in 2003. I am aware that the Minister for Health and Children had given a commitment to SIPTU and the Psychiatric Nurses Association, PNA, that it would be implemented, after he had sent it to other Departments. We are still waiting. That is grossly unacceptable. Negotiations have taken place with the Department of Finance, the Department of Health and Children and the Health Service Employers' Agency, HSEA, and the unions, but the scheme has not been delivered.
The Minister asked for a review of the no-fault element, which I think is just playing games. There is a system and every Department has been consulted and no action has resulted. It appears to be lost in the political system. The Minister has requested further consultation with Departments and that stand-off is not fair. The Minister gave a further commitment in March 2004 and we are still awaiting his response. Yesterday the National Joint Council of the Health Services met and agreed to defer the issue for a month. The Minister has been given a month from yesterday, to solve this issue. If it is not solved, we are facing a dispute to try to establish such a scheme. People are fighting their cases through the court, in one instance, where a life was almost lost, the battle is still ongoing after ten years. The only winners are the legal eagles. The taxpayers are footing the Bill. There are more taxpayers than legal eagles. I am on the safer side, numbers wise there. The injured party is losing as well.
Will the Minister treat this with the degree of urgency it deserves? The Minister has been given a month and I hope he will bring forward a no-faults compensation scheme in that time
