Oireachtas Joint and Select Committees

Wednesday, 29 May 2013

Joint Oireachtas Committee on Public Service Oversight and Petitions

Ombudsman's Report on Nursing Home Care: Discussion with Department of Health

4:45 pm

Ms Geraldine Fitzpatrick:

The Deputy asked about amending legislation. The Nursing Homes Support Scheme Act 2009 amended all the relevant sections of the Health Act 1970 and it supersedes that legislation now. Legislation cannot be retrospective and, therefore, the cases are where they are. As Senator Ó Clochartaigh said, we manage them, like class actions, in a particular way but we have a legal strategy and a legal team. We manage them on a case by case basis. The cases have been settled at different stages of the process.

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