Jan O'Sullivan (Limerick East, Labour)

Technically, we are addressing section 3 because the Ceann Comhairle's office has decided that the various amendments proposed to section 3 are out of order. I do not concur with the decision that amendments Nos. 1 and 3 in my name are out of order. The reason they were ruled out of order was that they were in conflict with the principle of the Bill. Nowhere specifically states what is the principle of the Bill. The only places I can find any possible statement of the principle of the Bill are the explanatory memorandum and the Long Title.

The explanatory memorandum states, "The purpose of the Bill is to introduce a new scheme for entitlement to medical cards for persons aged 70 years and over, with effect from 1st January, 2009." The Long Title of the Bill states it is:

AN ACT TO AMEND THE HEALTH ACT 1970, THE HEALTH CONTRIBUTIONS ACT 1979, THE SOCIAL WELFARE CONSOLIDATION ACT 2005 AND THE CIVIL REGISTRATION ACT 2004, TO MAKE PROVISION IN RELATION TO ELIGIBILITY FOR SERVICES UNDER THE HEALTH ACT 1970 AND FOR LIABILITY FOR HEALTH CONTRIBUTIONS AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

Neither of these areas, and they are the only places I can see any statement of the principles of the Bill, indicates that the purpose of the Bill is to take away eligibility to medical cards for all those aged over 70 unless they satisfy certain means tests.

My two amendments relate specifically to the retention of the medical card by those already in possession of it. In other words, while the Labour Party fundamentally objects to the entire Bill, these two amendments relate only to a category of persons, namely, those already in receipt of a medical card on the basis of being over 70 years of age. These amendments do not seek to address the entire substance of the Bill but merely to amend it in order to exempt a specific category of persons.

Therefore, I contend that the amendments should not have been ruled out of order. I am very concerned that a precedent may be established whereby Opposition Deputies will, in future, be ruled out of order when they table amendments similar to these in order to protect certain categories of people from the effects of the legislation in question.

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