Joe O'Toole (Independent)

I draw the Minister of State's attention to the section of the Constitution that outlaws invidious discrimination. This occurs where people are discriminated against for no valid reason, which is what the Minister of State is describing. Not even the law can do this; it cannot be decided in law that action will be taken in certain circumstances and not in others, unless there is an extremely good reason for it. The reason is not apparent, or at least I do not understand it if it is. I should be careful about what I am saying as I was not completely aware of the issue until it was raised.

I was aware the arrangement stood but I raised the issue on Second Stage that where people are burdened with the cost of nursing home charges, it should certainly be taken into consideration in all cases. That would allow people access to a medical card. The Government has difficulty with that concept but in another set of circumstances it does not. Surely that leaves the Bill open to challenge and there is a question of discrimination arising from it.