Joe Sherlock (Cork East, Labour)

How is it that the leaders and members of the Government parties are not ashamed with what we have heard from the Supreme Court about the way vulnerable and elderly people have been treated? Yesterday evening in north Cork a public community hospital told a family to take home a 90-year old man whose wife was ill at home. No other family member resides in his house, yet his family were told to take him home because there was no bed for him in a public hospital. When they asked if he could be cared for in a private hospital, they were told the maximum subvention they could get was €190. Let us think about how far that would go. Elderly people are being badly treated. This has been the case for years.

Today's rejection by the Supreme Court of the Tánaiste's attempt to retrospectively validate an unlawful charging regime is especially welcome. The plight of public patients in private nursing homes is an issue I have highlighted on numerous occasions in this House since I was first elected in the 1980s. I am, therefore, particularly happy that the Supreme Court has made this ruling today.

The decision also points to the dangers of rushing legislation through the Dáil without giving Members time to fully assess the implications. All Stages of the Bill were guillotined, despite the protests of the Labour Party.

The meagre offer from the Tánaiste of a payment of up to €2,000 to compensate for a gross breach of constitutional rights was an insult to elderly and vulnerable citizens who deserved a great deal better from the Government. The Attorney General's ruling vindicates the view I stated often in this House during the years, that older people with medical cards were entitled to free nursing home care under the terms of the 1970 Health Act.

Due to the shortage of beds in public nursing homes many elderly people were referred to private nursing homes. Families were advised to accept this option on the basis that a subvention of €190 was available. I was told today that no moneys were available for an enhanced subvention in the southern area. I am aware of a number of cases where families were forced to sell their homes in order to pay for private nursing home care for loved ones in need of long-stay care, even though they met the eligibility criteria for public care.

This issue could and should have been dealt with in October 2001 when the Government was made aware of it, or in early 2003 when, as was pointed out by other speakers, the South Eastern Health Board provided an 80 page legal opinion, of which the Tánaiste is well aware. There is growing evidence that the illegality of the charges was well known long before that date. The pattern appears to have been that where elderly residents were compliant, the money was taken from them but if they resisted, if was not. When nursing home residents complained to the Ombudsman, their money was inevitably returned to them.

I am delighted with the Supreme Court ruling. Today's decision is a stinging rebuke from the highest court in the land to the approach of the Tánaiste to this entire issue. She must now outline the steps she will take to address the serious injustice done to nursing home residents.

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