Seán Power (Kildare South, Fianna Fail)

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 rushing the legislation and I have dealt with that point. We would all like to have been in a position to deal with this Bill in a more comprehensive way and have more debate on it but time is not on our side. If we were to postpone the legislation until next year it would have serious consequences for the health service budget. Resources are scarce enough and we want to ensure that we spend them as efficiently as possible to obtain the best value for money.

I am not sure what point Senator Brian Hayes was trying to make. Is it now the policy of the main Opposition party to withdraw medical cards from the over 70s? That would appear to be what the Senator was saying but I am not too sure.

Senator Tuffy queried the constitutionality of the Bill. This measure is being taken following advice from the Attorney General who, in turn, sought advice from Mr. Gerard Hogan, SC. Mr. Hogan is regarded as the leading expert in this field. We could not have obtained better advice and it is upon that advice that we are making these plans.

The point must be made that while the Government is being criticised and accused of doing all sorts of things against elderly people, it is generally accepted that these charges act as a contribution towards the cost of care and are seen as being fair and reasonable. If more money is repaid, even less money will be available for services. In my view it would be irresponsible not to endeavour to continue to collect these charges in these circumstances. The charges in the legislation are intended to cover maintenance of patients in publicly provided long-stay care.

The legislation will bring much-needed legal clarity to a situation which goes back to the introduction of institutional assistance regulations in 1954. It could be argued that the problem began at that time or since 1976. There is no use in kicking around and blaming this or that Government; this practice has been accepted as a fair and reasonable policy under successive Governments.