Patrick Nulty (Dublin West, Independent) | Oireachtas source

I thank Dr. McLoughlin and his team for their presentation. That there was no legal case pending is important. It means there was not a clear and present danger. Why has it taken so long for solutions to be considered so intensely? If the Department had been aware of this matter in 2008 and 2009, surely a proposal should have been on the table months ago. It should have been on the table if it was clear that there was an issue arising regarding the Equal Status Act.

A terrible precedent has been set by the State. If a particular scheme or mode of empowering and supporting citizens does not comply with equality legislation, the solution is to abolish the scheme. This leads to a very serious public policy question. We should have legislation in place to ensure the necessary schemes are resourced.

The Secretary General may not be able to answer my next question as it is a political one. It concerns making sure citizens' rights are vindicated. We are talking about citizens, not clients or customers, who have a right to equality. Making sure that they can enjoy their constitutional rights, be they to travel to work or go about their daily business, requires resources. The first place I would be looking for resources would be the Vote for the health service. Why was €800 million taken out of the health service budget if essential services needed to have been provided?

Has the Department received or sought legal advice on whether abolishing the scheme is constitutional and whether the constitutional rights of people who were in the scheme before its abolition have been violated? It seems they have been completely discommoded and the carpet has been taken from under them. Having been assigned a position on the scheme, they had a legitimate expectation that the scheme would continue for the stipulated duration. The principle of legitimate expectation is an important one in law, and it has been breached by this decision.

I thank the delegates for attending and for being so frank with us today.