Alan Shatter (Dublin South, Fine Gael)

Has the Minister received legal and equality advice from the Attorney General as to the position as it might occur if a person whose spouse died in 2007 or 2008, to whom the three year concession does not apply, took proceedings in the High Court, due to the inequitable application of this legislation? I suggest to the Minister that whatever advice she is getting misses the point that this is a serious unconstitutional discrimination against persons who were bereaved during 2006, 2007 and 2008. Would the Minister acknowledge that when dealing with this issue during the truncated debate that took place on this legislation, she sought to indicate that bereaved spouses, widows and widowers, who suffered a bereavement in the three years preceding 1 January 2009, would be dealt with with some greater care than is currently happening in that she told the House that the practice of the HSE will continue on an administrative basis and it will take all reasonable measures to ensure people in this position are not put at a disadvantage? Could the Minister explain what measures the HSE is currently taking? Is she aware of the fact that only last Friday, the Irish Hospice Foundation called for a change in the legislation in this area, emphasising the detrimental impact it will have on those who were bereaved in the past three years?

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