Derek McDowell (Labour)

The Cathaoirleach is right. I withdraw my excessively familiar references to the Minister of State at the Department of Transport. An explanation is needed and we are entitled to hear it. Those we have heard do not ring true. It is not good enough for those involved to claim they simply forgot about it.

I am concerned about curative legislation as it should be treated with great care. However, we are not getting the time to do so. It is being rushed through both Houses of the Oireachtas in 72 hours and will be signed by the President under an early signature motion. The Bill seeks to deem as lawful a procedure which we know was not. In a sense, it is a contradiction in terms. The Bill states that the charges which were unlawful are lawful. This should be done with great care. The Labour Party has obtained legal advice which raises serious concerns about the constitutional issues involved in the Bill. I do not claim to be a constitutional lawyer. The Minister of State at the Department of Health and Children, Deputy Brian Lenihan, has far greater knowledge on such matters.

While this is not a criminal issue but largely a civil one, serious questions remain to be answered. As Deputy McManus stated in the Lower House, it is not sufficient to say that Mr. Hogan, learned constitutional lawyer as he is, has given his advice and, therefore, we are absolved from having to give any further explanation. It would be helpful if the Minister of State could give the House more detail of the advice he has been given and of his views on the soundness of the curative legislation we are asked to endorse so quickly. The Department, having wrongly charged people over a long period, has both a legal and moral responsibility to repay the individuals concerned. One could cogently make the case that the State should not try to contact the estate of somebody who died in the 1970s to make a donation to it but anybody who is still alive is entitled to a repayment.

It is not clear how the system of automatic repayment will work. I presume that some of the people who are entitled to repayment are in long-term care, so there is no difficulty in that regard. However, some are not in long-term care, including those who are deceased. How does the Department of Health and Children propose to check the status and locations of the individuals in question, so that it can make automatic repayments?

None of us likes to see legislation of this nature. The Bill will close the chapter on a saga of incompetence and mismanagement. I welcome the establishment of an inquiry by the Department. It is important that it should be pursued with rigour. I welcome the Tánaiste's commitment to publishing the results after it has been finished.