Seanad debates

Tuesday, 7 February 2017

Health (Miscellaneous Provisions) Bill 2016: Committee and Remaining Stages

 

2:30 pm

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of State and thank her for bringing forward this legislation. It covers a number of areas which are important, particularly in relation to ex gratiacompensation payments under a number of schemes, such as to people who went through symphysiotomies. Over 600 people who will benefit from ex gratiapayments will not have these included in calculations under the fair deal scheme.

The wording of the amendment put forward by Sinn Féin is probably not correct in the sense that a proposal is being considered at the moment by the Minister of State, Deputy Helen McEntee. We have been dealing with this proposal over the past three years. I have worked very hard on trying to get that amendment included because I am very much aware of farming families where a sudden illness arises and they need full-time nursing home care. I speak as someone who was involved in forcing the creation of the fair deal scheme. My own legal office in fact identified a discrepancy in legislation, where moneys were being illegally deducted from people in nursing homes, and that subsequently led to the creation of the fair deal scheme. One of the parts relating to farming families was not appropriately dealt with and instead of ignoring 90% of the assets of the farm, the idea is that under the same point in relation to inheritance tax, the value of the assets is reduced by 90%. The proposal that is currently being considered is about reducing the valuation of land by 90%, but the house would still be taken into account.In fairness, most farm families do plan for the future. I have seen very comprehensive planning being done by farm families, and any legal practitioner will highlight the issue of making sure that there is forward planning in this area. I accept that there is a need for an amendment to legislation dealing with farm families, and I feel that it is appropriate that it would be dealt with at a very early date. It would certainly be very welcome.

The amendments brought forward by Senator Swanick should be brought forward via the introduction of a Bill which could then be dealt with through both Houses in the appropriate manner. It is not just about amending the entitlement to work. There are many other amendments that have to be legislated for if we go through that process. It is not enough to simply amend the current entitlements. There are many other areas that would have to be dealt with in any legislation, and it requires a separate Bill.

I thank the Minister for bringing forward this legislation. It is important that it is put in place and becomes operational at the earliest possible date.

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