Mary Harney (Dublin Mid West, Progressive Democrats)

There are a number of matters to which I want to respond in respect of issues raised by Deputy Shatter. I will then turn to technical issues.

The Bill was drafted by my Department in consultation with the Office of the Attorney General and was personally overseen by the Attorney General. In the intervening period between the remarks made by Deputy Shatter yesterday and today, the Attorney General is totally satisfied that the points made are not valid. If they were valid, it would mean that social welfare entitlements that changed on someone being widowed or tax law and other areas could equally be invalid. The reason we are writing in the provision is to put it beyond any doubt that someone's card will not be whipped away, as Deputy Shatter puts it, on the death of a spouse. That is the practice in respect of over 70s and under 70s. As a matter of practice, the card is left with people until it comes up for renewal. It is not the case that the day one becomes a widow or widower, the HSE takes away the card regardless of the age of the people involved.

My office has no role in respect of technical issues. The Department does not give advice to the Ceann Comhairle, his office or the Bills Office. The Ceann Comhairle makes these decisions on the basis of the independent officers in this House who have served us well over many years. It would be helpful if the House were to adjourn for some time to allow the parties opposite to discuss the matter with the Ceann Comhairle and his officials so that we can spend the time available discussing the issues contained in the Bill. It is a matter for the Acting Chairman.

See this speech in context