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Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: What Mr. Watt was saying earlier then is that there may well be analogous residents as well who may be covered, that he does not know the full extent of that, and that a trawl is being done by the Department. In the 2011 memo that went to four senior Ministers at the time, it is very clear. There is no ambiguity in the memo that was sent. It states: “In addition, there are other...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: Mr. Watt is Secretary General in the Department of Health and he was in the Department of Public Expenditure and Reform before he came to the Department of Health. I am sure he would agree that when memos are being prepared for Government and figures like €360 million are put into these, those figures do not fall from the sky but are based on something. They are obviously based on...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: Mr. Watt said that the information was not there.

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: But the Department did not-----

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: With respect to Mr. Watt, the Department at the time did not agree with the basis of the claims that were made by St. Michael's, Cheeverstown or the Daughters of Charity but eventually did. The memo here is quite clear, which to read it again, states: "In addition, there are other institutions similar to St. Michael's, Cheeverstown and the Daughters of Charity with residents who would have...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: I am not sure that that is what the memo was referring to here, which is why we need to get the information from-----

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: It would be incredible for us to have to accept that only those three homes which lodged an appeal had their appeals upheld, that they hit the jackpot, just happened to be the people who were entitled and that they got paid. The thinking being presented here is that anybody else who was analogous, who did not appeal or apply, were people who were thought of as not entitled to this redress....

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: It is actually not that complex at all, Mr. Watt.

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: I will bring him back to what happened. It is complex in respect of trying to resolve it now, but was not complex at the time, which is my point. I ask Mr. Watt to bear with me, please?

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: There were people in similar institutions to these three homes, and it was the accepted HSE view and determination at the time that the repayment scheme was put in place, who did not qualify. These people did not make any applications, and if they did, they certainly did not appeal. The only three homes which appealed are the three homes I have mentioned. There were 512 applicants in those...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: It was not contested because the appeals officer’s decision was upheld.

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: There may well be other issues. I am not talking about them but I am talking specifically-----

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: I did not write the 2011 memo.

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: It was written by the Department. Mr. Watt was a Secretary General in the Department where the Minister was furnished with a copy of this memo, incidentally. Leaving that aside-----

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: The memo was not written by me and was very clear that there were residents who would have similar potential claims. There was an estimate, which Mr. Watt says is probably too high. It is reasonable for any person to look at this to say that there were certainly analogous residents would have had a similar claim, but that there was no proactive work done by the Department. Rather, if we...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: Does Mr. Watt accept that we need to resolve it and to establish whether or not there were people who would have qualified had they applied under the scheme or had appealed, that their appeal would have been upheld but, because they did not, they simply accepted the judgment of the HSE, which was that they did not qualify. They, therefore, did not make any application. It would be unfair if...

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: If there are, what will then happen?

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: There is a strong possibility that that is the case.

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: The memo was not conjecture. It says “would”, does it not?

Joint Oireachtas Committee on Health: Nursing Home Charges: Department of Health (15 Feb 2023)

David Cullinane: Does Mr. Watt understand the point we are making-----

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