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Results 50,481-50,500 of 51,305 for speaker:Micheál Martin

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: When the health board's advice came in March, it should have been sent lock, stock and barrel to the Attorney General's office for advice.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: It is in the report.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: The Deputy asked what I would consider to be a proper briefing. Mr. Travers has described it very succinctly in his report. It is nothing unusual or extraordinary. A sufficient briefing is fundamentally an analysis of a particular issue, an outline of the options a Minister could potentially pursue consequent on that analysis and recommendations by whoever is making the report on what the...

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I will stay as long as the Deputy wants.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I am answering it.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I appreciate that but there were approximately nine questions.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I do not want to be accused subsequently of not having answered a particular question. This is an important point. The sub-group asked what we should do about eligibility over the next ten years. In its report it noted that according to the Department the terms "eligibility" and "entitlement" are legally distinct. The Health Act 1970 provides for eligibility for a service but not that a...

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: ——that those in Government care were governed by inadequate legislation. It also stated the principle was accepted that those in long-term care should contribute to the cost of their maintenance from their incomes but the legislation gave rise to anomalies and inequities in these charges. It promised to amend the legislation to provide a clearer and fairer basis for these contributions....

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I wish to be fair. I accept the Travers report according to which successive Ministers were not told that there was a fundamentally illegal regime in place for charges for long-stay residents in nursing homes.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: In regard to the 2001 Act it is being bandied about that Ministers——

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: ——must have known as a result of the extension of the medical card and its inclusion in the 2001 Act, which was not brought in exclusively to extend the medical card to people over the age of 70. Mr. Travers says that I was not told in any shape or form——

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I co-operated with Mr. Travers and he spoke to other people as well. He said there was no submission to me and that based on discussions with other people I was not briefed. I was not. He says in response to this issue the Department knew from the beginning in 1976——

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: It is important that I have the opportunity to put this on the record because the reference to the 2001 Act is in that context. Only if I knew about the illegal device of the 1976 circular could I have known the full impact of the 2001 legislation.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: It is true.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: The Supreme Court made its decision just last month. It states that circular 76 and the regulations were illegal from 1976 onwards. It then went on to say that the 2001 Act should have made it clear that it was even further illegal to those in the know, including everyone in this House. Let all of us not pretend that we did not know that charges——

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: Yes.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: Mr. Travers states that the Department knew since 1976, which is not a surprise. That is the core issue throughout the Travers report.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: He goes on to state that the 2001 Act had the unintended effect of ultimately unwittingly forcing a resolution of the issue. Obviously that was not the intention. I certainly did not know, and it was not made clear to me at the time that this had such implications for the long-stay charges regime and the illegal regime that was in place since 1976.

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: I was aware of the eligibility issue. We had to make a choice in 2004 in terms of the Health Service Act versus this major Act on eligibility. However, I was not specifically aware of any illegality in regard to long-stay charges. In respect of my special advisers, the same principle applies to them in that their role is to advise me. They are not, and never were, a buffer zone between my...

Report on Long-Stay Care Charges: Motion. (10 Mar 2005)

Micheál Martin: He does not say that in the draft section in the body of the report.

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