Eamon Gilmore (Dún Laoghaire, Labour)

Every Member of the House will have the opportunity of showing where he or she stands on the education cuts and increases in class sizes when the Labour Party tables a Private Members' motion on the issue next Tuesday.

I want to pursue with the Tánaiste some of the matters I raised yesterday with the Taoiseach in regard to medical cards for the over 70s. I want her to answer two questions which the Taoiseach did not address. First, is it the case that the Minister for Health and Children will be able to change the income limits which were announced yesterday in respect of medical cards for the over 70s without coming back to the House? Second, is the Government going to index-link these income limits?

I ask the Tánaiste the legal position on medical card entitlements for the over 70s. I put it to her that the statement made yesterday by the Taoiseach and the Minister for Health and Children does not change the legal entitlement of people who are over 70 to continue to hold a medical card. I will explain. The Health (Miscellaneous Provisions) Act 2001 gives the over 70s an automatic legal entitlement to medical cards. Yesterday the Government stated its intention to repeal that section of the Act. Repealing the 2001 Act will change the position for those who are not yet 70 but it will not change the legal entitlement to hold a medical card for those who are currently over 70 because the Interpretation Act 2005 states:

Where an enactment is repealed, the repeal does not—

[. . .](c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the enactment,

In other words, the repeal of the 2001 Act will not change the legal entitlement for people who are currently over 70 to continue to hold the medical card. The only way that can be done is by bringing in a legislative measure to take the medical card off them.

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