Fergal Browne (Fine Gael)

I am deeply unhappy with some subsections in section 1, something that I have expressed through the amendments. I am aware that we are constrained in this House from making any amendment that might have a financial bearing. Our hands are tied in that respect. However, it has been drawn to my attention by Senator Ulick Burke and others that in subsection (5) it is declared that, subject to subsection (6), the imposition and payment of a relevant charge is and always has been lawful. Surely that should be "is and from now on will be considered lawful"? Those who will pay the charges never did anything wrong. To suggest otherwise is a terrible slur on the people not involved in this area. The phrase "from now on" should have been used, since it would have made far more sense. The Government is trying to turn back the clock, despite it always telling us that we cannot do things backwards or in retrospect. This is a clear case of the Government rewriting history and turning it around. The Minister should say why the phrase "from now on" was not used instead of "always has been". This is a crazy scenario.

We tabled amendment No. 8 to section 1, which we have already discussed. On the imposition and payment of charges and rendering them both legal, those who made the payments never acted illegally. They were within the law, and there is no need to render their action lawful as the Government is now saying. However, the Minister should have rendered the demands for payment lawful, which is why we sought to address that issue in the amendment. Section 1 is fundamentally flawed, seeking to turn back the clock and put the blame on the patient, who had nothing to do with this debacle.