Dan Neville (Limerick West, Fine Gael)

I welcome the judgment of the Supreme Court, which means that tens of thousands of pensioners have been illegally charged by the Government and have a justifiable claim for compensation. One of the issues that now arises concerns how the procedure will be undertaken. The Supreme Court has decided that the people affected have a right to compensation and that the Government has a duty to pay them. The matter should not be delayed by procedural matters, including claim forms. The information concerning those who are eligible is in the domain of the Health Service Executive. The names are available and those people should be compensated. In his reply to the debate, I hope the Minister of State will clarify that those who have a justifiable claim will be compensated and there will not be delays over claim forms or who is eligible to claim. People are entitled to receive their money.

Last year, this issue was highlighted by Fine Gael. Were it not for the efforts of Fine Gael, and Deputy Perry, people would still be subject to illegal charges in nursing homes. It is clear that legislation introduced by the Government in 2001 created a major legal doubt about the legality of those charges. The Government and especially the previous Minister for Health and Children, were given repeated warnings but ignored them.

The Department was informed by at least one health board in 2002 that the imposition of nursing home charges was legally questionable. The South Eastern Health Board had obtained legal advice on the issue and submitted an 80 page report to the then Minister for Health and Children which did not arouse concern. I wonder why. The charges ceased for patients who queried them in at least one health board area but continued for those who did not. How could this be equitable? Ministers were briefed in December 2003 by senior health board officials on the problem but did nothing. Why not?

The Government has handled this issue badly from the moment it was raised in the House by Deputies Perry and Kenny. The Taoiseach stated in early December 2004 that legislation was being drafted to deal with the problem which would not be retrospective. He stated, "There is no retrospective factor in the legislation, which is never the case. Anyway, we do not have retrospective legislation." One week later the Tánaiste and Minister for Health and Children published a Bill which attempted to retrospectively apply charges.

Following questions surrounding the legality of the legislation, the President referred the Bill to the Supreme Court. While it is not politically correct to congratulate the President, her independent role in ensuring this issue was addressed should be recognised. The judgment must be studied but it means anybody charged has a right to recover payment and the Government has a duty to repay. Tens of thousands of pensioners should not be put in a position where they will have to go to the courts to vindicate their rights. The Minister must clarify how she intends to repay the moneys owed.

The charges imposed on those with medical cards and who were resident in private nursing homes are also an issue. The Minister should clarify this issue which has been raised since the Supreme Court decision was announced earlier. The people concerned may also be entitled to refunds.

I refer to enhanced nursing home subvention. The maximum subvention in the north western Health Service Executive area is €38.09; in the eastern region it is €680; in the mid-western region, it is €50; in the north eastern area, it is €413; and in the southern area, it is €360. There is no logic to the differences between regions. The lack of equity in enhanced nursing home subvention is unfair. The Health Service Executive and the Minister must examine this issue to ensure equitable and realistic payments are made.

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