Michael Finucane (Fine Gael)

I have raised on many occasions in this House an issue concerning St. Ita's Hospital in Newcastle West which caters for the elderly. I raised the issue in the context of the provision of an Alzheimer's unit, which I have raised in both Houses during the past seven years. The patients in St. Ita's are old, vulnerable people and, in many cases, they are not aware of their legal rights.

With regard to the issue that has arisen in recent days concerning the Supreme Court decision, I compliment President McAleese for referring the legislation to the Supreme Court. I listened to what the Tánaiste, Deputy Harney, said on this issue and she has tried to spread the blame by saying this was due to an administrative malfunction. She referred to the Department of Health and Children and said that this was going on since 1978. This issue has been firmly focused in people's minds in recent years.

The then Ombudsman in his reports in recent years referred to specific cases where there were entitlements. In 2002, the South Eastern Health Board gave an 80 page legal opinion and referred it to the then Minister and his Department in respect of which they stated that their legal advice was that what was happening was wrong and improper. In December 2003, it was highlighted to the then Minister, Deputy Martin, and his then Ministers of State, Deputies Tim O'Malley and Callely, that there was a difficulty in this area. Deputy Callely was responsible for the elderly and wrote to us on a regular basis about the great work he was doing for them. Following that meeting it was decided that advice would be sought from the Attorney General, but unfortunately that written document never seemed to reach the Attorney General.

Deputy Perry and the leader of our party, Deputy Kenny, highlighted this issue on an ongoing basis in the other House and eventually the Tánaiste belatedly took action on it. Legislation which was debated here on 16 December was rushed through these Houses. This happened during the Tánaiste's watch and it was an attack on the legal rights of elderly people, about some of whom I spoke earlier.

This has been an unfortunate sequence of events. There has been negligence and procrastination on this issue. In this context, the State may have to pay a bill ranging from €500 million to €2 billion depending on whether the Statute of Limitations will apply.

I would like the Tánaiste to come to this House to have a proper discussion on this issue. There is much comment on this issue in today's newspapers and it is one that concerns us. It ill-behoves any Administration to call itself a socialist caring Government when these decisions have impinged on the lives of old people who are the most vulnerable in our society. I very much regret that and the procrastination taking place on this issue.