Seán Power (Kildare South, Fianna Fail)

I am not in a position to accept the amendment because, in certain instances, it may prove difficult to identify and contact the next of kin of the individuals concerned. As an alternative, the Bill stipulates in subsections 9(4)(a) and 9(4)(b) that an account holder will be informed in writing of the intentions of the HSE and that the HSE will place an advertisement in a national newspaper outlining that it intends to apply to court to expend moneys on behalf of patients residing in a certain institution. It is open to any person who so wishes to make an application or submission to court in respect of any such application by the HSE. The court, after considering the matter, will give a direction that the judge considers to be in the best interest of the patient. Section 9(4) is deemed sufficient for this purpose. Deputy Twomey tabled an amendment similar to that of the Senator but it was rejected following much consideration in the Dáil.

The HSE has already begun to examine the regulation of patient private property accounts and has established a working group in this regard to deal with their administration. The main function of the group will be to ensure that the administration of the accounts meets all legal and regulatory requirements; operates in the best interest of patients in as responsive a way as is practical; takes appropriate account of the input of patients' relatives and friends in so far as this is practical; and is consistent with best practice in respect of financial controls, transparent accountability and corporate governance arrangements. It should be efficient and represent value for money in the use of scarce staff and other HSE resources. The HSE will be providing the guidelines, which will be ready pretty soon.

We must be sensible about the scheme. It is not possible to make any payments until the Bill is passed. I appreciate the support we received from Members on all sides in progressing the legislation. As a goodwill gesture, we made an ex gratia payment, of which just under 11,000 people availed. It is not a matter of the Government wishing to delay payment because it is important that it put in place proper safeguards to ensure the money is given to those who deserve it and from whom it was wrongly taken. I hope the announcement of the independent company involved in the administration of the scheme will be made later this week and that the whole process can be completed shortly thereafter. We will see the repayments being made as quickly as possible.