Mary Harney (Dublin Mid West, Progressive Democrats)

I will not deal with issues of trust. I will let someone else be objective about that.

Regarding the issue of same-sex couples, which was raised by Deputy Noonan, this legislation applies to cohabiting couples and husbands and wives. It does not include same-sex couples. We could not include them for legal reasons until we have the civil union Bill. There is an existing medical card scheme, much of which is done on an administrative basis. Legal advice showed it was not possible to provide for a different set of circumstances here that do not apply to social welfare and many other entitlements.

In drafting that legislation, which I am advised we will have early in the new year, different Government Departments have made their views on entitlements known. I support the principle of equality and we have provided for it in a fair deal. The difference between the fair deal legislation and this Bill is that it is an entirely new scheme. We are amending an Act of 2001 which provided for the automatic entitlement to a medical card on reaching the age of 70.

The basis upon which people receive the card on grounds of age and the issue of legitimate expectation was raised and is based on legislation. If the Government could not introduce this kind of legislation one could never make anything prospective. The entitlement is based on the legislation not a piece of paper. On capitation fees, the higher fee was paid on foot of legislation. In order to change that fee we require legislation. That is the reality.

Few people, apart from Deputy Reilly who argued recently on "The Marian Finucane Show" that the fee was not excessive, regarded a fee of €640 for better-off over 70s and €160 for the less well-off as fair.

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