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Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: This amendment would have the effect of causing a potential loss of resources to the health services or an additional demand on the Exchequer to compensate for the loss of income from charges. It is estimated that the income from these charges would lie between €2 million and €2.5 million per week and it would be irresponsible to delay the commencement of the Bill in these circumstances....

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: I do not see the necessity for this amendment. It is simply a drafting issue which has no impact on the meaning of the Bill. The Attorney General and a leading constitutional lawyer have signed off on the subsection and there is no value in amending the Bill in this way.

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: The objective of this subsection as drafted is to ensure that where an acute psychiatric ailment is involved the person should not be charged. This is the intent for all acute treatment in hospital. Psychiatric patients with an acute ailment should not be treated any differently from any other patients in a hospital with acute ailments. This principle has been enunciated in various policy...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: This amendment is unnecessary as its inclusion would have the same effect as the existing subsection. The Attorney General has signed off on this subsection as included in the Bill, and the amendment proposed is unnecessary and would not change the meaning of the subsection. Amendment No. 8 could have the effect of undermining the provisions of the Bill which seeks to protect the State from...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: This amendment would have a significant effect on Exchequer financing. If patients who are treated in more than one institution in a year cannot be charged this would be a change in practice which would reduce the funds available from charges and therefore have a clear impact on the resources available for the provision of the health services generally. The intent of the Bill is to put the...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: As with the previous amendment, this amendment would have a significant effect on Exchequer financing for the same reasons. The intent of the Bill is to put the charging for long-term care on a solid legal footing and to preserve resources available to the health services which are badly needed; we want to get maximum benefit from and spend the resources as widely as possible. I cannot accept...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: Amendment No. 11 could introduce a lack of clarity into the subsection, as it seeks to deal with institutional services regarding inpatient services in a different way from that defined in section 51 of the Health Act 1970. That could lead to confusion, and the Bill as drafted and signed off by the Attorney General and a leading constitutional lawyer remains the best way of dealing with the...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: Currently, section 53(2)(a) of the original Act provides that the Minister for Health and Children may, with the consent of the Minister for Finance, make regulations providing for the imposition of charges for inpatient services in specified circumstances on persons without full eligibility. That includes those over 70 who have an automatic entitlement to medical care on age grounds, or...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: This matter is clearly covered in the Bill. I see no necessity for this amendment to be included in the Bill. It is a policy matter which can be given further consideration in the Department or discussed at the relevant joint committee. It is inappropriate to include provision for it in the Bill. Senator Browne referred to the shameful manner in which older people are being treated. If one...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: Provision for the €35 can be made by way of regulation.

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Seán Power: Santa brought me one of those as well.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: When I say something, I would prefer to be quoted properly. Senator McHugh referred to the 30-day period. The charges kick in after 30 days for the receipt of inpatient services or periods aggregating not less than 30 days within the previous 12 months. The 30-day period begins to run immediately the person concerned is provided with inpatient services. Senator Derek McDowell referred to...

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: The practice has been in operation since 1976.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: We all regarded it as something fair and it is not an unreasonable request——

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: ——to make of people who are receiving care and I think they would acknowledge that themselves. This is the basis for the current legislation, to deal with the issues in preserving the resources available to the health services. This is the only financially responsible way to proceed.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: The Senator is misquoting me.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: The Senator should check the record before he starts quoting me.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: I thank Senators for their contributions on this important legislation. As my colleague, the Minister of State, Deputy Brian Lenihan, said in his opening remarks, this legislation is necessary in order to provide a legal framework for the long-established practice of charging those patients in long-term care in health board institutions and publicly contracted beds in private nursing homes. A...

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: I wanted to put the record straight because Senator Phelan misquoted me earlier. I do not mind criticism but Senators should quote people directly instead of misquoting them. If they did so, they would be doing politics a better service. The point I made yesterday in the Dáil was that in trying to be as helpful as possible, the Tánaiste, in addition to her speech on Second Stage in the...

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Seán Power: Senators should at least be fair in their criticisms. They can give out all they like about the legislation we are introducing but they should try not to misquote me.

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