Mr. Stephen Mulvany:

Perhaps I could comment. What is outlined on page 25 of the Comptroller and Auditor General's report is clear in that it is standard aids and appliances to assist with daily living. Incontinence wear is part of that. The HSE provides standard levels of assessed need for incontinence wear to residents in public and in private nursing homes. The issue is when additional incontinence wear may be required and whether this is charged for. It is charged for on the public side. Making it an additional charge for something that is not covered under the contract is not a breach of the contract. The question is whether the HSE charges for such additional incontinence wear over and above the standard.

In some or most cases, it does not. As colleagues noted earlier, that needs further examination. I do not believe the private nursing homes are breaking the law by levying a charge for something which a standard contract does not require them to provide. Were they charging for something which a standard contract did require, that would certainly be a breach of the contract. I hope that is clear.