Seán Power (Kildare South, Fianna Fail)

This is a matter that arose on Second Stage on which we sought legal opinion and which we discussed with the Tánaiste. The term "spouse" is included in the 1970 Act. It is only right that people's individual circumstances are taken into consideration in making a decision. This provision only applies to the medical card.

We must have regard to a person's overall financial situation. There is flexibility in this that has worked. I have not come across a situation where if a couple has been separated for a long period and there has been no communication, but where one partner is in a strong financial position, that has weakened the case of the other making an application for a medical card. We have examined this issue. There is no such thing as a perfect system, but we think this is the fairest we can have. We sought legal advice at the highest level and are quite happy to have this provision. Therefore, I cannot accept the amendment.