Marc MacSharry (Sligo-Leitrim, Fianna Fail) | Oireachtas source

I am aware of this case and I do not concur with the briefing note. I am concerned that the HSE is not fully up to speed with the situation. The HSE did not exist in 1997 so, presumably, the reference is to the relevant health board. This group was charging a daily rate, in the normal way, of €12.50 and, in addition, was charging people for incontinence wear. The issue was pursued by a long-term resident's family and eventually the HSE and the group were dragged, kicking and screaming, to reimburse some money to the individuals' families.

The note before us states that those involved have got all their money but I have information to suggest otherwise and that some people were not reimbursed for the period 1997 to 2001. A family raised the issue in 2013 and was refunded €6,000 out of a possible €21,000, meaning €15,000 remained outstanding. On the back of the 2005 change, the Minister of the day, Mary Harney, introduced legislation to deal with illegal charges. However, for this one resident, the service decided to impose a retrospective, long-term-stay charge to reduce the €15,000 that it may have been applicable to return. The situation continued for a number of years, with families being put through an extraordinary level of difficulty. Questions were not answered and there is a deeper problem than is covered in this note. I would like the section 38 organisation, along with the appropriate people from the HSE, to join us in order to discuss the matter in more detail. This note suggests that the synergy project, Mary Harney's legislation and the HSE's own initiatives, dealt with the problem but that is not the case. The evidence will show that those involved were dragged, kicking and screaming, to acknowledge this as an issue and to refund the money in full. To this day, moneys from the period 1997 to 2001 remain outstanding for some families. I also have concerns that the Ombudsman closed the case without adequately dealing with all the facts.

Public money has been provided to the Brothers of Charity Services - most recently €105,335, on a once-off basis, for this year - so we could usefully have this section 38 organisation before us, together with the appropriate people from the HSE. In advance, and, if necessary, with names redacted, they might provide us with details of how much was charged to these individuals, how much was refunded and when. It could be a short deliberation but it is necessary because I am not entirely comfortable with the idea that this might be replicated elsewhere.