Paudge Connolly (Cavan-Monaghan, Independent)

It was established today in the Supreme Court that the policy which obtained was illegal. The phrase "to get law, not justice" comes to mind. While there are many families who are willing to pay for care, the graver issue involves the number of people who cannot even get a bed or make a contribution from their pensions. A great deal of money of the order of €800 million to €1 billion is at stake. Where people have owed a health board money in the past, a system of compound interest has been used to determine the charge to be imposed. Given that £1 in 1976 is now worth in excess of €9, the potential level of claims may have been undervalued. If the same system is used to pay money back to people as is used to obtain money from them, the sums involved may be significant. There are many examples of people from whom money was taken who had to leave work because of the marriage bar. When they attempt to purchase years for superannuation, they are charged a phenomenal sum of money. While pensions were pretty low in 1976, at approximately £11 per year, if one imposes compound interest the sums involved will be very expensive to pay back.

I have no doubt that when people spend money, the lawyers will be delighted. Attempts to retrieve the money involved will lead to family wrangles and disputes. A quick solution which is acceptable to the people is therefore necessary. It is also urgent to address the circumstances of people who are still alive and paying for beds. While pension rates have increased incrementally, the value of a 1976 pension has almost been maintained. That implies that there is a difficult time ahead for the families involved and the lawyers will be the winners. Where families fight for a few euro, lawyers will put their arms in and encourage them to go all the way. It is incumbent on the Tánaiste to provide a formula in this context.

The €2,000 provision constituted a drop in the ocean and failed to match to any degree the sums owed. If it were provided as some form of recompense for those families still paying for nursing home care for their loved ones, it would soften the blow to an extent. A formula must be designed and a decision come to as to how the sums owed will be calculated. Will we use the 7% up to 84% rate or the 6% per annum rate used by the Health Service Executive? The service is tight with money and slow to act. I ask the Minister to ensure that some form of special funding is made available.

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