Joanna Tuffy (Labour)

I stated during the debate on the previous legislation it was unconstitutional and when passed, it was referred by the President to the Supreme Court.

It is too much to expect an elderly person to hand over 80% of his or her pension. Elderly people should retain a greater share of their pensions so that they can have a good quality of life and engage in activities we take for granted. If I attend hospital, I am charged but money is not deducted at source from my income without my consent. Elderly people should be given their pensions and then charged for the service, the same as everybody else in society. How can the elderly not be trusted to pay their bills?

Senator Glynn praised the Minister and the Travers report. Her response was to point fingers and refer to vulnerable older people who were affected. However, the worst act was the attempt to abolish people's property rights. People had a right to compensation for the money illegally taken from them over the years and the Minister knowingly tried to prevent them for pursuing their entitlement to the compensation. That was found unconstitutional. That is the most wrongful act of all. The constant reference to maladministration is an attempt by the Minister and the Government to deflect from the wrongful act they committed prior to Christmas. The Minister knew what she was doing and there was no fudging on the issue. She knew she was taking away the right to claim compensation.

Senator Glynn referred to people coming out of the woodwork. The Minister thought she was doing nothing wrong by removing people's right to compensation but she tried to do the same under the Personal Injuries Assessment Board legislation, which was also found unconstitutional. Senator Henry referred to the notion of people on the make. People have legal rights and we should not take them away. They have a right to compensation when money is taken illegally and when they have suffered as a result of the acts of others. The Minister's philosophy is to take away those rights. Everybody sits back and says it is all right. I am a qualified solicitor and people have a right to compensation, which should not be abolished.

Many issues need to be examined. I read a study on nursing home subvention. More money should be invested in community care because many people need to go into nursing homes.