Liam Twomey (Wexford, Fine Gael)

What checks and balances exist to protect patients in the administration of this scheme? It is important that the Minister of State inform us of this.

Patients are a small, vulnerable group. If they wish to change the way the HSE manages their accounts they must make their decision known in writing. The elderly must take the initiative to protect their money and this obligation should be removed. The HSE should not await such written instruction and I am against the idea of elderly people being compelled to take action if they wish to protect their assets. This section should be re-examined.

The Minister for Justice, Equality and Law Reform likes to refer to Third Reich regimes and super-states and an element of this can be seen in this measure. We should allow elderly people to look after their money. The legislation refers to the obligation on the State to apply to the Circuit Court to spend €5,000 of patients' money. If patients wish to object to anything in this case they must make submissions in writing. This should also be examined.

The Minister of State referred to a scheme whereby those who do not wish to take back the illegal charges can pay the money to an account. This money will be dealt with in a manner similar to the dormant accounts and will be used for services for care of the elderly. I have two problems with the section, caused by the complacency of the Minister for Health and Children and the Minister of State at the Department of Health and Children, Deputy Seán Power. What is the structure of the account? What services will be provided from the account? Referring to ring-fencing services for the elderly is of no use. The Minister of State should state clearly what services will be provided.

The Minister, the Minister of State and backbenchers have stated they have met many people who wish to donate this money in recognition of the care and attention family members received. The Minister of State should know how much money is to be donated. Perhaps this is difficult as he must first tell people how much they are entitled to. Before people donate this money in recognition of the care of an elderly relative, they would like to know how the money will be spent. They might object to the money being allocated to a spending spree for Fianna Fáil before the next general election. They might not be keen on Fianna Fáil forming a Government for the next five years and might seek a more sensible destination for the money.

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