Brian Cowen (Laois-Offaly, Fianna Fail)

The fair deal scheme can only come into place when there is a proper legal footing for it. Dealing with people who have diminished mental capacity is a legally challenging area. The Attorney General is drafting legislation which will be sufficiently rigorous to address the matter.

This is a deferral of the introduction of the scheme. It can only come into place when legislation is in place. In the meantime, the Minister for Health and Children is providing for an enhanced provision of €12 million to deal with the nursing home subvention issue. It is unlikely the nursing home Bill will be published until the next session. Its enactment will be around the end of the financial year.

Over €500 million of extra resources have been allocated for care for the elderly. It is not an area we have been remiss upon. The fair deal scheme is an effort to bring about a uniform level of care and a proper legal basis for the provision of nursing home care. Due to the challenging nature of the legislation, we have not been able to enact it thus far. On the basis that the funds will not be used this year, we are in a position to defer it until the enactment of the legislation. In the meantime, the enhanced level of nursing home subvention will assist the situation.

See this speech in context