Brian Hayes (Fine Gael)

This mess began in 2001 when the Government decided to extend medical cards to those over 70 years. As Senator Henry correctly pointed out, an assessment was done at that time of the cost the State would have to bear when that scheme was extended. However, something worse happened under the watch of the former Minister, Deputy Martin. At the time he stated that the policy of the Government was to extend medical cards to everyone over the age of 70. He made that statement first and then attempted to negotiate with the IMO in respect of the GMS contract. It was a ludicrous position to take. He was responsible for extending the scheme, but in respect of the people with whom he had to strike a rate in terms of getting the best possible price for the service he was buying, he had not even finalised negotiations. That displays incredible incompetence. Had this happened in a large company in the private sector of which Mr. Martin was CEO, he would be out on his ear. He made that announcement first, and then set about negotiating a price for the service with the people who will have to provide it.

As Senator Henry said, we now know the cost of this for the taxpayer is four times greater than the rather pathetic assessment done then. I heard the Minister of State, Deputy Power, mumbling and bumbling, when my colleague, Senator Feighan, rightly pointed out the presence of the Minister at this meeting. I heard the interview too and for the record the Minister was at the meeting last December. He arrived late, but he was there. This was not an ordinary bureaucratic meeting, but one with the key players in the Department, the people who co-ordinate the issues that must be determined. We have evidence to the effect that this was the fourth matter raised at that time.

It is right to put the former Minister for Health and Children in the dock on this issue because his incompetence relates not only to last December but goes back to 2001 when he let the secret out the bag by first giving a policy commitment and then attempting to negotiate. That man would be out of a job had that happened in the private sector, and that may well happen in a few years.

On the issue of retrospective payment, I believe this Bill will be challenged in the courts. I welcome the Bill and hope a test case will be brought. I hope the pensioners who have lost such an amount of money win the case and that the Government will have to pay up. Any time an amendment is put forward by Members on this side of the House attempting to propose retrospective action, we are informed such a measure is unconstitutional and there is no legal precedent therefor. The Taoiseach, God help and protect us, made this known in the House only a month ago when he said he did not think it was possible that legislation such as this could be brought forward, but now this legislation is before us. I hope pensioners take it on and get every last brass farthing from the State because this problem emerged due to the incompetence of the State and of a bunch of incompetent politicians who have been in office too long. They will have to pay the price for this and I hope they do.

Let us consider the former Minister of State with direct responsibility for the elderly, Deputy Callely. What more important issue was there than this one last December? He was at that meeting but nothing happened. A definitive legal assessment of the current arrangements was sought as a first step. None of this would have been done were it not for the fact that the Tánaiste, in fairness to her, recognised this hot potato, which was highlighted in the other House, and set about resolving it. The then Minister, Deputy Martin, the then Minister of State, Deputy Callely, and the other comedians in the crew would have sat on this issue as long as it took because that is the kind of mentality they have. These people would not survive in the private sector and they will not survive too long in the public sector.