Dáil debates

Wednesday, 16 February 2005

Health (Amendment) (No. 2) Bill 2004: Statements.

 

5:00 pm

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)

Today, the Supreme Court has brought clarity and finality to a matter that has been left fester for 29 years, the legal basis for the policy of 11 Governments and as many as 40 health boards that people in long-term care should make a contribution towards their living costs. Today, we have clarity about the law, certainty about payments and confidence about the way we can now proceed.

The Government welcomes the clarity the Supreme Court decision has brought. People in long-term care and their families will also welcome this clarity. They now know what has been obscure for 29 years, whether and on what basis they should contribute towards certain costs. They, the Government and the Oireachtas will have confidence that continuing the policy of contributions towards shelter and maintenance is not only fair but consistent with the Constitution.

We are a society ruled by law. We must be so, and remain so, in every detail of public policy and administration. Today also demonstrates that our institutions of State work. Only when Government, the Oireachtas and the courts address issues clearly, exercise their powers and meet their responsibilities can we achieve the confidence and clarity that citizens of a state ruled by law deserve.

The problems arise when real issues are left unaddressed, basic problems are finessed or fudged and policies are not fully grounded in law. From the moment this issue was brought to my attention by Deputies Kenny and Perry, I sought to find out what was the precise legal position and to put policy on a sound legal footing.

The Government accepted that it was our responsibility to deal with a 29-year legal problem, and we have acted to do so. The Oireachtas played its part, as did the Council of State, the President and the Supreme Court.

The fundamental failure that has been corrected today has been the failure to implement properly a Supreme Court decision of 29 years ago, in 1976.

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