John Minihan (Progressive Democrats)

I welcome the Minister to the House and compliment Mr. Travers on his report. It is an example to us all of the way a complex issue can be dealt with in a short timeframe and a report of this nature produced. The State owes a debt of gratitude to Mr. Travers for the report he has produced.

The principle involved here is that all those in receipt of publicly provided residential long-term care should make some payment towards accommodation and daily living costs if they can afford to do so, just as they would if they were living in the community. That principle has been accepted over the years by successive Governments. That was the practice from 1954 when the institutional assistance regulations were in place. The new Health Act was brought forward in 1970 and it is clear that is the timeframe in which this conflict arose because this practice lacked the necessary legislative support. It is unfortunate that minor legislation did not put this practice on a proper legislative footing because we would not have the problem we are facing now. The records show the position was known by the Department to be flawed.

A number of key dates have been highlighted on which this problem came to attention. The first of those is 1976 in the patient service regulations when Mr. Corish was Minister. We then move on to April 1994, when Deputy Howlin was Minister for Health. The Government health strategy at that time, Shaping a Healthier Future, stated clearly that those in public care were still governed by legislation which is now recognised as inadequate. It is unfortunate, in respect of all those key dates, that the opportunity that was presented to correct this problem was not taken. The 1978 Eastern Health Board legal opinion drawn up by Mr. Ronan Keane, senior counsel, again highlighted the problem. Those who play politics with this issue should examine these key dates and the people who were in office at that time and agree that successive Governments, Ministers for Health and their administrations had opportunities to correct this problem but failed to do so.

With regard to the current Minister for Health and Children, Deputy Harney, it is fair to say that more has happened on this issue in the past 30 days than happened in the preceding 30 years.