Jack Wall (Kildare South, Labour)

This is a simple matter. The HSE has determined that an applicant for a medical card in certain situations must make a sworn statement in front of a commissioner for oaths instead of accepting a statement made in front of a peace commissioner. I cannot believe that in current circumstances a person seeking a medical card must pay €50 to a solicitor so he will sign a sworn affidavit. The peace commissioner's signature is accepted by the courts but the HSE refused point blank to accept an application I had signed in front of a peace commissioner for a man who has lost his job and whose wife is seriously ill. He was asked for a number of documents, such as a mortgage statement to confirm monthly repayments, income tax assessment forms for the past three years, the vehicle registration certificates for two vehicles, up to date payslips and GP reports and when he supplied those he was told he would need a statement sworn in front of a commissioner for oaths. We duly supplied such a statement sworn in front of a peace commissioner but it was not acceptable.

Our colleague, Councillor Mick Dollard, attended the health information committee that has been constituted by the HSE to seek to transfer information. He raised the issue at the meeting and no one knew a statement had to be sworn in front of a commissioner of oaths. The person there from the HSE said he would investigate but that as far as he knew, it was not the case. In a reply I got from the HSE, however, it was clear the commissioner for oaths would have to sign off on the affidavit.

In the present circumstances, someone looking for a medical card would not have the €50 the commissioner for oaths would charge for such a service. It is ridiculous that a peace commissioner, who has the confidence of the Garda, the courts and the Minister for Justice and Law Reform, is not acceptable to the HSE. I asked the Minister for Health and Children about this but, as usual, she referred it to the HSE for decision. I asked her to give a directive to the HSE on the issue but she chose to ignore that request and leave it for the HSE to answer.

I hope the HSE will have the confidence in the peace commissioner system that has been recognised since the foundation of the State and will accept the validity of the statement that has been made, so no one will be asked to pay a fee to obtain a medical card. It is unheard of in any other application for social welfare claims or anything else. I have been told by colleagues of sworn statements being required to be made before commissioners of oaths in similar cases. It is crazy. Deputy Connaughton is nodding his head, so the same must be happening in the west.

This is unique to the HSE, it wants to be different from every other State organisation and wants statements sworn in front of commissioners for oaths and will not accept what is accepted in every other facet of life, a statement made before a peace commissioner.

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