John Perry (Sligo-Leitrim, Fine Gael)

I am delighted to speak on this important ruling. Democracy has worked well to deal with an illegal charge. With regard to the retrospective legislation, the Supreme Court has stated categorically that the State is liable to make a refund.

Only this week I tabled a parliamentary question to the Tánaiste with regard to the eligibility criteria for the refund of €2,000 for hospital charges for the elderly and the avenues open to families or next of kin to seek payment in respect of persons who were deceased. I was disappointed with the reply I received. It stated that the scheme does not apply in the case of persons who are in long stay care in the institutions in question who died before 9 December 2004. If, however, individuals died on or after this date, payment would be made to the executor or person who had taken out the grant of administration.

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