Mr. Stephen Mulvany:

That is not correct in that the HSE is not contending that they were outside of the scheme. The Dáil and the Oireachtas approved the 2006 Health (Repayment Scheme) Act. That Act set out the scheme. That Act, the Dáil and all of the parties in the Dáil agreed through that process that the eligible criteria was that a person had to be a medical card holder in a public community nursing unit, CNU, or in a publicly funded contracted bed in a private nursing home.