Terry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Seán Power. I will probably be repeating many of the statements already made on this issue. I was a Minister of State at the Department of Health between 1987-89. I did not have responsibility for nursing homes so I am not answerable in that regard.

The Government has welcomed the clarity provided by the Supreme Court judgment, notwithstanding the fact that it is causing major difficulties for it. Both the Taoiseach and the Tánaiste made the point that at the Council of State meetings, which are held in private, they advised President McAleese to refer the Bill to the Supreme Court. The contentious provision will be constitutional when it is passed by the Houses as part of new legislation.

It is an understatement to say that the situation is a mess; it is an unmitigated disaster as far as the Administration is concerned. It is the task of the Government to bring clarity to the matter and to take appropriate action, as is required to ensure the Supreme Court decision is adhered to.

Approximately 14 Bills have been referred to the Supreme Court over the years, only two of which have been deemed unconstitutional. It is a major decision for the Supreme Court to make this ruling. Ambiguity and difficulty have surrounded the question of charging for nursing homes for a long time. The same was true of private nursing homes. Where a bed was not available for a person with a medical card in a public nursing home, he or she had no alternative but to seek a bed in a private nursing home. This is where a difficulty will arise in regard to repayments as a result of the Supreme Court decision.

The lawyers are already gathering to make claims. A lawyer, Mr. Fox, was on "Today with Pat Kenny" the other day giving advice. He urged people to apply immediately due to the possibility of the Government invoking a statute bar for the seven-year period back to 1998. That is the advice that was given to listeners on that occasion.

The Government made a decision last year to give an ex gratia payment of €2,000. The sum of €15.8 million has been repaid to 8,000 nursing home residents. That information appeared in the Irish Independent on 22 February. I assume the information is accurate. Such repayments were quick, effective and efficient.

I previously raised the case in the House of a nursing home resident in Roscommon. Deductions were made from his contributory old age pension. However, a British pension coming to the institution was seized without his permission and added to the fund. Many such anomalous situations occurred. This resident is eligible for a refund of his British pension even though it was only taken for a short time. I understand a number of other pensions were secured by administrators on the basis of the considerable cost of nursing home beds. The actual cost of a public nursing home bed could be in the region of €500 per week. The Minister of State will probably have the figures.

Public nursing homes are well funded and provide the best service. The Sacred Heart Hospital in Roscommon is a case in point. It has a full administration, nursing staff and a medical orderly on duty every day. It was brought to my attention over the years that medical cards were taken from people. As a former chairman of the Western Health Board many issues came before me. I was told that when a person was admitted to a public nursing home, he or she was given full care and attention, including all drugs and medical attention. That seemed logical. There was no need for a medical card when a doctor was on call all day every day. Were patients deprived of the services of their own doctor in the nursing home and did they have to rely on the hospital orderly? These issues now arise. Senator Ross made a very good point. He asked how much freedom nursing home residents have.

As chairman of the Western Health Board I put forward a proposal that there should be a holiday scheme for nursing home residents. One can make suggestions but get very little reaction to them from the executive. I considered that people who were fit and able should be given two weeks away, be it in another health board institution, private institution or a centre abroad. There is no reason they could not be given a proper break. I respectfully suggest that with money coming into the system people should be encouraged to spend the money they are refunded and enjoy their years ahead. The same applies to the €500 million bonanza that will be paid back to residents. So be it. The money will be recycled in the State. If anybody thinks that long-stay residents of nursing homes will head off or invest in imported products he or she can forget about it, the money will be spent in the State. Good luck to those people; I wish them well. I hope they enjoy their freedom to spend money. Perhaps some of them will decide to leave their institutions and go back home and avail of nursing assistance there.