Seán Power (Kildare South, Fianna Fail)

The legislation is not being brought forward in lieu of the publication of the report of the interdepartmental group on long-term care. This group reported to Government, which has agreed on a number of principles. These were reflected in the agreement with the social partners, Towards 2016. Such principles include appropriate and equitable levels of co-payment by care recipients based on a national standardised financial assessment and that the level of State support for residential care should be indifferent as to whether that care is being provided in a public or private facility. The co-payment, about which Deputy Twomey asked me, has existed for a long time. If one is being cared for in a public bed and one is in receipt of a pension, a percentage of one's pension is taken as part payment for the care one receives.

I mentioned on Committee Stage the details of the scheme. I accept it is far from perfect. It was introduced by way of regulation in 1993. Like Deputy Wall, I am familiar with many applicants and families who apply for subvention and the difficulties they encounter in obtaining it. In many cases the subvention payment granted covers only a small percentage of the overall cost of care and I know the burden that places on families. It is for that reason that we set about introducing a new long-term residential scheme. We hope to do that in the near future, but in the interim we were advised to put this measure into primary legislation. That is what we are doing.

The talk of the inclusion of the family home in the legislation is a little rich. The Minister who introduced the regulations in 1993 was Deputy Howlin. The home was included at that stage and with the exception of a subsequent Minister for Health and Children, Deputy Cowen, who revoked certain aspects of that scheme, very little change has been made to it. We all appreciate that a new scheme is required and, hopefully, we will be in a position to introduce that in the near future.

None of these amendments was accepted on Committee Stage because the Bill provides for one single appeals process and it is not considered necessary to include a separate appeals provision under each section of the Bill. The appeals provision in section 7(e) provides for a most robust and transparent appeals procedures in accordance with legal advice received and in compliance with article 6 of the European Convention on Human Rights. The appeals process provides that a person can appeal any decision made by the HSE in regard to a decision on a subvention under section 7(a)(iii), 7(c)(i) and (iv) and 7(d)(ii). Under the appeals provision at section 7(e), the person appointed by the HSE to consider the appeal must comply with the HSE's guidelines in respect of procedure. I have a copy of those guidelines if Members wish to have them. I made some copies of them available yesterday. Much of the criticism thrown at the HSE in regard to appeals is unjust. The HSE has advised——

See this speech in context