John Perry (Sligo-Leitrim, Fine Gael)

I accept that. The point was made that the introduction of the entitlement to a medical card for people over 70 years took place prior to the last general election. That is when the floodgates opened on this. When it was brought to the Department's attention, it was concealed. There was a major cover-up. This came into the public domain in October but according to my information, and I hope Mr. Travers will verify it, it was known to the previous Ministers since 2001 that the Department was on shaky ground. They were not entitled to impose these charges but nothing was done about it. That is the issue.

Furthermore, if somebody died before 9 December, the Tánaiste was not prepared to give him or her the €2,000 in compensation. People have come to my office with regard to people who died on 5 December and whose estate is entitled to nothing. This is the caring, sharing Government. If the persons had died after 9 December, their estate would get €2,000. I sincerely hope the Tánaiste will not introduce a statute bar on this and that people will get their entitlements. It would be outrageous to introduce a statute bar. We are delighted with the Supreme Court's decision but last week the Government was unwilling to give a mere €2,000 for somebody who had died on 8 December whereas the estate of somebody who died on 9 December would get it. I hope that will not continue.

I also hope Mr. Travers will produce a detailed report. This was a cover up. The Government has been in power since 1997. The interpretation here is that it involved all Governments and includes the 1956 Act, the 1970 Act and the 1987 Act. The Ombudsman also brought this into the public domain. This was known by the Government. The Tánaiste might suggest that it was unknown but it was known to the most senior people in the Department. The Accounting Officer in the Department was well aware of it. The problem is that it was concealed.

We welcome the Supreme Court decision. However, if this matter had not been brought into the public domain people would continue to be illegally charged today. It is clearly a case of being caught with the hand in the till and that is the difficulty. It is regrettable that retrospective legislation was debated in the House. It was questioned everywhere but it was rushed through the House. The President would not sign the Bill, which was important. I give her full credit for not doing so. She called in her advisory commission to give its opinion and then she referred it to the Supreme Court.

The facts must be put on the record. Yes, there is ambiguity which dates from 1970 but there is no ambiguity since 2001. The Department knew about it and the Ministers since 1997 were well aware of it but they concealed it.

The Tánaiste must remember that when the scheme began in 2001, it introduced full eligibility for medical care for everybody over the age of 70. The Department assumed there were 35,000 people aged over 70, whereas there were 80,000 such people. Since inaccurate figures were used, the Department assumed it would cost €19 million but it cost €80 million. When the flood-gates opened, the Department realised the charges were going beyond the predicted levels. If full entitlement was provided for those in long-term care, the €80 million estimate could have risen to €200 million.

The blame for this situation rests firmly on the shoulders of the Government that concealed it. There has been a major cover-up by the State which has reimbursed those affected with a miserly €2,000 in a so-called generous gesture without any liability. The Supreme Court has now clearly established the fact that the State is liable. I am putting down a marker that if the Government places a statute bar on this, Fine Gael will oppose it all the way because the charge was illegal.

I am aware of certain cases involving people in nursing homes who did not have enough money to pay for their funeral arrangements, including the erection of a proper headstone. That is how much was taken from some elderly people by the Government. While the liability goes back over successive Administrations, it was brought to the attention of this Government which concealed it for two and a half years, although the facts were known by Ministers at the highest level. They are responsible. I sincerely hope, therefore, they will not introduce a statute bar and state that they will not pay beyond a seven-year limit. Everybody who makes a claim should be paid in full.

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