Mary Harney (Dublin Mid West, Progressive Democrats)

When we debated the legislation in the House I said that it would have been desirable to leave the medical card in such circumstances with all such spouses. However, a number of legal and equality issues arose and it was not possible legally to do that. Unfortunately there are always cut-off points in any legislation. Currently a person in his or her 40s, 50s or 60s whose spouse has passed away is in the same circumstances when the card comes up for renewal within the calendar year. I am aware of the anomaly but I am not in a position, unfortunately and for legal and equality reasons, based on the advice I have received from the Attorney General, to do anything more than is in the legislation.

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