Liam Twomey (Wexford, Fine Gael)

Before Christmas, the Taoiseach indicated that there would be no retrospective element. Now it is stated that the Statute of Limitations may be invoked. The core point in this debate is whether that statute will be applied and whether everyone involved will be repaid the money they are expecting. The Tánaiste pointed out that if the Statute of Limitations is invoked, anybody wishing to make a claim will be obliged to obtain a High Court judicial review. It is difficult to say whether the patients involved would be able to mount such a challenge. I do not believe that anybody involved would be able to mount an individual challenge to the Statute of Limitations. It is important that the Tánaiste should make clear the position before she or the other Government members leave the House.

The Supreme Court judgment only gives patients the right to go to the High Court as individuals to reclaim these charges that have now been deemed illegal. We need to know how the Tánaiste intends to repay the patients in order that they will not be obliged to take a High Court case. The legal costs of taking such cases would completely dwarf the moneys being reclaimed by the patients. Some of the amounts of money involved would not be large, particularly if they refer to 1974 or 1975. However, legal costs will have to be paid in current terms and will, as a result, be quite substantial. The Tánaiste should indicate what mechanism the Department plans to put in place to make repayments. If members of the legal profession get their hands on this, particularly as 275,000 patients or their estates are supposed to be involved, the legal charges imposed will dwarf any of those that applied in respect of hearing impairment claims in the Army or abuse scandals in the churches. The Tánaiste must indicate how this matter will be dealt with.

Those are our main concerns about the legislation and its failings. The Tánaiste knew the Bill would never survive a Supreme Court challenge. We should take this opportunity to investigate what else the Government is doing in respect of care of the elderly. We now know that patients will be charged in future. What can they expect from the Government in respect of their care? Any elderly person or other individual who might potentially need care in the future, whether in public or private accommodation, must know what awaits him or her.

We should reflect on the health strategy which has been in place since 2001. This was going to be the basis of a health policy of which we could all be proud as we headed towards the next general election in 2007. It is worthwhile commenting on a number of aspects of the strategy, particularly as they relate to care of the elderly. There was supposed to be an integrated report aimed at meeting the needs of older people and an action plan in respect of dementia was supposed to be implemented. I visited County Clare yesterday and I was informed about the serious deficit in the service relating to care of the elderly there. The position is the same in my county and others I have visited such as Cavan and Monaghan. The Government has not made the investment in the care of the elderly that was indicated in the health strategy. There have been many fine words but little has been done.

I raised with the Tánaiste last week the fact that nursing home subvention rates have not increased since 2001. Instead, patients have been forced to beg for extra subventions from health board chief executive officers. They are being left at the mercy of public servants as regards whether they can even stay in private nursing homes. Here we see they were illegally charged in public nursing homes. This is a disgraceful way to look after elderly people.

Another point that I believe was close to the Tánaiste's heart on which we still await a final report is concerned with Government policy on care of the elderly for the future. This report was supposed to have been published at the end of 2002. The Government said it was receiving submissions from a number of organisations before taking a decision on this question. There has been absolutely zero movement on this within the past two years. This is something else that should now be addressed by the Tánaiste in order that the House can know what is going on.

This whole issue has revolved around the charges made to patients in public nursing homes. Before this issue is finally put to bed, the Tánaiste should examine the situation as regards patients in private nursing homes, especially those denied access to public beds because they were not available. Will there be more and more court cases in the future, starting with the mess that has been allowed to develop as regards this judgment of the Supreme Court? There are far too many problems and difficulties for the elderly population. This legislation has served to highlight just one issue, illegal nursing home charges. We know an enormous cost will be incurred by the taxpayer.

We are extremely disappointed that the Government did not deal adequately with the measure when it arose. It could have spared a great deal of concern for the elderly patients involved and it could have saved the Tánaiste a great deal of trouble because over the next two years she will have to find the money to pay for this. Unfortunately, I believe the same elderly people will have to suffer the consequences of this action as well, because that is where the funding will have to come from to pay back the illegal charges.

There are already sufficient deficits as regards the care of the elderly and no magic ten-point plan or anything else will cure these problems. It is time the Government made a serious attempt to redress what has been done. I hope all our questions will be answered, mine and no doubt those that will be raised by a great many Members tonight, as regards what has gone wrong and why it happened.

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