Matt Carthy (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I want to read into the record again an extract from the 2011 secret memo from the Government:

In addition, there are other institutions similar to St. Michael’s, Cheeverstown and the Daughters of Charity with residents who would have similar potential claims. [In their cases] Claims rejected under the repayment scheme were not appealed or no claims were made under the scheme, probably on the basis of advice from the HSE that the payments did not come within the definition of recoverable health charges. If these cases were to materialise they would have to be dealt with outside the scheme which is closed. This could result in further litigation and settlement on a case-by-case basis or, depending upon the number of claims that might emerge, it might require further legislation. On a worst-case scenario, the HSE estimates a potential liability of some €360 million.

That was in 2011. We are now in 2023. The question needs to be asked again. It was clear there was a Government strategy here. The best case scenario from their perspective is that all these people who had their money taken off them would be unaware of the fact they had legitimate claims that had been accepted by the Government as having a legal basis. Will that remain the de facto position or will we actually inform these people they were entitled and were denied access to the scheme, either through disinformation or false information? Will we address that issue? If so, how will we do that? Will we do it under the scheme, by forcing people through litigation or, as this memo indicates, through the introduction of a separate scheme or strand to the scheme?