Liz McManus (Wicklow, Labour)

This legislation is the latest element in a long and sorry saga on elderly people who have been in State care and have a right to be protected by the State. Regrettably what happened to them was anything but protection and it is important we examine the background on how we reached the point where we are considering this legislation. The original legislation set out in 1970 was not found to be defective. The interpretation of the legislation by the Department of Health and Children which was issued to the health boards was found to have been breaking the law. People with medical cards in public nursing homes, welfare homes or contract beds that subsequently became established in private nursing homes were illegally charged. Although it is clear the original regulations and directives sent out were not signed by a Minister, one Minister detected that a wrong had been done to vulnerable people. In 1987, for a short time, the late Mr. John Boland was Minister for Health. He found that this wrong was being done and confirmed that he would like to bring a proposal to Cabinet to resolve it. It was not completely unknown about. I suspect the fact he was a lawyer and come through the health board system assisted him in his detection. His decision is on the record and it is regrettable that when we came to investigate this matter we could not explore what happened because the incoming Government appointed a new Minister for Health, now the Ceann Comhairle.

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