Kieran O'Donnell (Limerick East, Fine Gael)

While I welcome the general thrust of the amendment, it is disappointing that we only received it a couple of days ago. I find it difficult to understand why it was not introduced prior to Committee Stage in order that we would have had time to debate it properly and examine its various elements. I agree with all the comments made about the hospice movement. We have the renowned Milford hospice centre in Limerick which provides a brilliant service. Probably everyone in the region has a family member or friend who has availed of that service.

I wish to deal with a couple of points concerning the amendment. The Minister referred to section 3(c)(ii) which requires a minimum of 20 inpatient beds. Deputy Bruton also referred to this point but why is there a minimum limit? Under the terms of the Nursing Homes Act 1990, a person can qualify for a nursing home place as long as he or she has more than two dependants. Equally, the 1998 legislation on private convalescent facilities contains no stipulation on the number of beds required. The only stipulation concerning housing units for the aged or infirm is in the Finance Act 2002 which provides for a minimum of 20 units but that is in a different context because this amendment concerns palliative care units. The Minister should re-examine the section with a view to allowing each application to the HSE to stand on its own merits; otherwise we could have a situation where parts of the country will lose out, depending on the size of units involved. Why should some people be disenfranchised because they have access to a 12-bed rather than a 20-bed unit? I cannot understand why it is necessary to set such a limit when it does not apply to nursing homes. The Minister should consider this point.

Section 3(e)(i) refers to the need for 20% capacity for public patients. However, I agree with Deputy Bruton that this figure is too low. We want to provide a service with equal access for all. Therefore, I ask the Minister to review this section and perhaps table an amendment to permit a higher level. My understanding is that if he so wishes, he could allow oral amendments to be discussed today. This should be done in the interests of putting something in place that would work for both public and private patients. The Minister should insert the same eligibility provisions that apply to nursing homes, which refer to a person with two dependants. This would require a change to section 3(c)(ii).

Deputy Burton mentioned rents and said this measure was being driven purely in terms of investment. When applications are being made to the HSE, it is critically important that there be no restriction on supply. If, for example, the HSE states it will only give approval for one unit in a particular area, that may lead to a monopoly. In a situation where there is more than adequate supply, the service must be community based. There cannot be a situation where it is available in one community but not in another.

This particular amendment cannot be implemented unless the commencement order is in place, for which approval from the EU is required. I have raised this issue before. How long will it take to secure that approval? It is critical that it is implemented as quickly as possible.

It is a pity that we have not had adequate time for this debate and that it will be guillotined in 15 minutes. This is critical legislation that affects people's everyday lives, but it is being rushed through. I ask the Minister to take on board our proposal to omit any stipulation in regard to the number of beds, as is the case in respect of nursing homes, increase the 20% threshold for public patients and ensure there is no restriction on supply.

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