Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

On behalf of the Minister for Justice and Equality, I thank Senators for their comments on the Bill, the purpose of which is to implement the recommendations made in the report of the Magdalen Commission which was chaired by Mr. Justice Quirke. The Bill relates to medical card and health service provision for the women concerned. The recommendations in this regard are contained on page 35 of Mr. Justice Quirke's report. The Bill provides fully and comprehensively for the health services recommended by him. I ask Senators to read the report, in particular page 35, if they are in any doubt about what the Government is doing about it. I will list the health services recommended which include GP, medical and surgical services, drugs, medicines and surgical appliances, nursing services, home help services, dental, ophthalmic and aural services, counselling services, chiropody and physiotherapy services. With regard to GP services, the women concerned will be able to choose any registered GP, not just one contracted to the HSE under the normal medical card scheme. The choice will rest with them. The Bill also provides them with an exemption from charges for acute inpatient services, as recommended by Mr. Justice Quirke. Furthermore, it provides that payments to them arising from the scheme of ex gratiapayments will not be included in any financial assessment of means under the Nursing Homes Support Scheme Act 2009. This is fully in accordance with the recommendations of Mr. Justice Quirke.

The other services Mr. Justice Quirke recommends in his report are also being provided in full, but these elements do not require further legislation and, therefore, do not form part of the Bill. The fact that this is not included in the Bill does not mean that it is not being done. These other services are included in the scheme ofex gratia payments to women who were in the institutions which provides that the women concerned are eligible for a payment of between €11,500 and €100,000, depending on length of stay. To date, decisions have been made on 86% of the 776 applications received, while €18 million has been paid to date. There is provision for pension-type top-up payments of €100 weekly for those under pension age and up to €230 weekly when aged 66 years or over, depending on other State payments. These payments are already being made by the Department of Social Protection.

The women concerned are already covered for the appointment of a care representative under section 21 of the Nursing Homes Support Scheme Act 2009. Mr. Justice Quirke recommended provision be made for a mechanism whereby a person could be appointed to act in the best interests of a woman where she lacked the capacity to do so. This is being done through the Assisted Decision-Masking (Capacity) Bill 2013 which is awaiting Committee Stage in the Dáil. The Minister for Health has also agreed that, given the wide variation in health services in different countries, the issue of access to equivalent medical services for participants living abroad will be dealt with on an administrative basis by the HSE, as appropriate to the specific circumstances of the individual and the health system in her country of residence.

We are dealing with two elements. There is a significant level of emotion when we discuss this issue I have heard the statements and public comments made by Members of the Oireachtas. I know that Members are coming from a position of compassion and caring in deaing with the injustice done to the women who were in the Magdalen laundry system, but in all honesty some of the statements m ade are not in keeping with the facts. Nothing was done about the issue by previous Governments which refused to touch it and would not go near it. The Government is implementing in full the recommendations made in the report of Mr. Justice Quirke, on which we need to work together. The whole sorry saga reeks of Ireland's attitude to women as second-class citizens which, in many instances, continues to this day.There are many aspects of our laws, legislation and provisions in the Constitution that need to be challenged. Members of this House need to assist Members of the other House in continuing to challenge mechanisms, legislation and realities in society that keep women, effectively, as second class citizens. In the other House, of which I am a Member, 86% of its membership is male which has a massive implication on the type of legislation and budgetary measures passed by this House.

I wish to mention a second matter, and give credit to this House in regard to this matter, namely, our love affair with the institutionalisation of people. That ranges from people with mental issues in the past, from the Magdalen laundries to the mother and baby homes, to industrial schools and our common cause in this House - the issue of direct provision. We have a lot of issues to deal with. On the issue of women's rights, we still have a huge amount to achieve and also in terms of our love affair with institutionalisation.

I cannot let this opportunity pass without clarifying, as Senator Gilroy quite accurately did in his contribution, that the Quirke report is being implemented in full. There can be a political temptation to try and find the negative in every piece of legislation but I appeal to Senators to look at the Bill as it actually is. If one compares it with the Quirke report one will find, in all fairness and taking away the temptation to turn this matter into a political football, that the Government is implementing the Quirke report in full and that is why I commend the Bill to the House.