Fergal Browne (Fine Gael)

I thank the Tánaiste and the Ministers of State, Deputies Seán Power and Brian Lenihan, for their contribution to the debate. I genuinely dislike the Bill and the way it came about. When the matter was repeatedly raised in the other House, it showed democracy in action. Thankfully, clarification was given on the original Bill and action was taken to rectify the problem. However, I have serious doubts in regard to the action taken as it may lead to further difficulty. If the ex gratia payment of €2,000 is challenged in court, it could open the floodgates for more payments.

I suspect that if someone did take a court challenge, he or she might well receive a higher payment, in which case all bets would be off. We might have a lot of expensive litigation ahead of us. I am gravely concerned about people who were unable to get their elderly relatives into public nursing homes due to bed shortages and were then obliged to opt for private nursing homes. There is a court case pending on that matter, which has all sorts of implications.

That health boards did not charge people when they complained is truly shocking. Those who did not complain had to pay the amount involved which, surely, is wrong. I hope it never recurs. I appreciate that mistakes occur and that there is a difficulty with this legislation but if a similar situation arises in future and a health board realises there is a difficulty — whether it becomes aware of it through the Office of the Ombudsman or elsewhere — it should have a "one for all" system in place. A situation should not be allowed to develop whereby people who can scream and defend themselves get off paying the charge, while those who cannot must pay.

There are many worrying aspects to the Bill. It is amazing that not alone is the legislation being rushed through the Houses but we now have an earlier signature motion for the President to sign it into law. Next week, people will be affected by this unexpected legislation when it becomes law. That is a regrettable occurrence in Christmas week. The sharing and caring image the Government sought to create at its Inchydoney retreat is well gone now. Maybe the Government should plan a return visit to Inchydoney during the January break to try to regain its soul.

I wish everyone a happy Christmas.