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Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: For a change, the Deputy should listen to me. The person has 28 days to appeal the decision. If no appeal is made within that time, the cheque will issue immediately. We cannot be more straightforward.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 5: In page 12, line 19, after "establish" to insert "and manage". The purpose of this amendment is to allow the Health Service Executive manage the donation fund.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 6: In page 12, line 21, to delete "towards the provision of" and substitute "by the Executive for the purposes of providing".

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 7: In page 12, line 27, to delete "An" and substitute "If the Fund is established, an".

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 8: In page 12, to delete lines 36 and 37 and substitute the following: "(b) such other moneys that are accepted under subsection (11), constitute the proceeds of the sale or other disposal of land or other property accepted under that subsection, or constitute income received on, or the proceeds of the sale or other disposal of, investments made pursuant to subsection...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 9: In page 13, between lines 9 and 10, to insert the following: "(9) The Fund shall consist of such accounts as the Minister, after consultation with the Minister for Finance, determines. (10) Subject to section 18 in so far as that section relates to the Fund, the Executive shall keep the accounts of the Fund. (11) The Executive may accept a gift of moneys, land or other...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 11: In page 14, line 31, after "repayments" to insert the following: "and to the Executive's establishment and management of the Fund, if any".

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 12: In page 16, line 30, to delete "A" and substitute "An aggrieved". This amendment addresses the issue raised by Deputy McManus on Committee Stage in regard to appeals. Legal advice received from the Attorney General is that no person who is not a party to a decision can appeal a decision made against that party without special permission. This is clear from the rules...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 13: In page 18, between lines 35 and 36, to insert the following: "(16) In subsection (1), "aggrieved person"— (a) in the case of any decision referred to in that subsection, means the applicant to whom the decision relates, (b) in the case of a decision referred to in paragraph (b) of that subsection, includes the Executive if the Executive is not the scheme...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: The Deputy is referring to amendment No. 14.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 14: In page 18, line 36, to delete "the scheme administrator is satisfied" and substitute: "it comes to the knowledge of the scheme administrator". This amendment addresses a concern raised by Deputy McManus regarding the Health Service Executive determining whether a case of fraud has occurred without recourse to the courts. Under the Irish Constitution, only a court is...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: While we have a duty to repay the money, if the Health Service Executive discovered that money had been fraudulently claimed, we also have a duty to make every effort to ensure it would be repaid. The system is similar to other appeal systems, where the relevant person would be notified if money may have been claimed and paid out under false pretences. We would indicate that it had come to...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: It is in response to the Supreme Court decision that we have this Bill before us. A particular group of people were wrongly charged, and we are paying back money to those people. What we are putting in place is legislation to pay such people, with a safeguard provision in the event of people receiving money under false pretences. We would have a mechanism in place to reclaim money for the...

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: It is not relevant to what is being discussed today.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: The Deputy is talking about people who are not entitled to——

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: The Deputy can rant and rave as much as he likes. The Supreme Court made a decision and the legislation has come about on foot of that. It was quite clear about the people who were illegally charged, and they are the people to whom we are repaying the money.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 15: In page 18, lines 43 and 44, to delete all words from and including "and" in line 43 down to and including "satisfied" in line 44.

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 16: In page 18, line 45, to delete "the Executive is satisfied" and substitute "it comes to the knowledge of the Executive".

Health (Repayment Scheme) Bill 2006: Report Stage (Resumed) and Final Stage. (31 May 2006)

Seán Power: I move amendment No. 17: In page 19, to delete line 17 and substitute the following: "(d) the Fund, if any,".

Health Services. (31 May 2006)

Seán Power: I thank the Deputy for raising the question as it provides me with an opportunity to outline to the current situation in the meals on wheels service nationally and to indicate the priority we give it. It plays a vital role in the provision of community care and I express our appreciation to all involved in the service, particularly those working on a voluntary basis. This Government has made...

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