Camillus Glynn (Fianna Fail)

The Senator carped about the Independents, but if his colleagues in the Lower House had not indulged in speeches on Second Stage, which amounted to mere filibuster, the Senator would have reached the salient point in the amendment. If the Senator wants to do the same in this House, and waste his own time, that is his prerogative.

A medical card is a very important facility as it has many ancillary benefits. The Minister has been criticised for the medical card approach. Everyone in public life is aware of what it costs to go to a general practitioner. GPs have their own overheads and the cost of their service is expensive. A significant step forward has been taken in terms of the people who want to benefit from medical services. Medical cards are entirely dependent on income. In the case of terminal illness, if medical evidence can prove a consequent financial hardship, a person may be entitled to a medical card but income is still pertinent.

The Minister has given a clear statement on the Bill's contents. The decision of the Supreme Court on 16 February 2005 in the matter of Article 26 of the Constitution on the Health (Amendment) (No. 2) Bill 2004 has brought clarity and finality. It paved the way for this Bill to provide the legal basis for charging for inpatient services in publicly-funded, long-stay institutions. The community as a whole will benefit from that decision. That was not the first Bill that passed through these Houses and was then deemed unconstitutional and it is unlikely to be the last. We had a full debate on the Supreme Court decision two weeks ago. The Supreme Court found that the provisions of the Bill that provided for prospective charging for inpatients was not repugnant to the Constitution. There is no Constitutional prohibition on the implementing of a charge for public long-stay inpatient services. The Government also accepts that the Supreme Court found the retrospective provisions of that Bill, making lawful the imposition of such payments in the past, to be unconstitutional because it concerned the property rights of the citizens. The Tánaiste said she could not stand over this position and I agree with her.

Today, our focus is on the implementation of future policy. If one learns the lessons of history, one is less likely to repeat mistakes. A significant feature of our system of publicly-funded, long-term care is the principle that people should make some contribution to the cost of their care. This reminds me of the Army deafness claims, with which former Minister for Defence, Deputy Michael Smith, dealt. Similarly, this issue must be dealt with. All past Governments have failed to do so to a greater or lesser extent. I welcome this Bill. Some politicians and solicitors have begun chasing ambulances. In my Mullingar constituency I meet people, who never visited their elderly relatives, who ask me how much they will get. On the record of this House I have warned that such people will come out of the woodwork seeking money, although they never took time to visit people in those institutions. I commend the Bill to the House.