Robert Troy (Longford-Westmeath, Fianna Fail)
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540. To ask the Minister for Health further to the publication of the litigation management report on 7 February 2023, what further actions are required; if these actions have been approved by the Cabinet; and is there a timeframe for implementation. [46255/23]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 496 and 540 together.

Up until 2004, people who were provided with publicly-funded long-stay care in public facilities and in publicly contracted beds paid a contribution towards the cost of their maintenance through a charge raised under Regulations made in 1954 and 1976.

It was accepted in 2004 that there was a flawed legal basis for raising charges on those with full eligibility in publicly funded care. This was regularised by the introduction of legislation in 2005 to provide for charges in publicly funded care and the establishment of a repayment scheme to refund charges that had been paid pre-2005. Over €450m was paid out under this scheme. The scope of the scheme was well publicised at the time and was limited to those who had full eligibility under the 1970 Act and who had paid charges to the State as a contribution towards their publicly-funded care.

It is a matter of public record that legal cases have been taken against the State seeking the repayment of private nursing homes fees in cases where people had full eligibility under the 1970 Act. Cases have been managed by the Department on a case-by-case basis in close consultation with the Office of the Attorney General. The consistent position has been that it was not the policy intent of Government at that time for public monies to be used in this way, and that eligibility under the 1970 Act was and continues to be subject to the availability of resources.

Upon the raising of issues about how the State has approached legal challenges taken against it in relation to pre-2005 legacy nursing home charges, the Government moved quickly to establish the facts surrounding these issues, which go back many decades, by requesting the Attorney General to prepare a Report on the litigation management strategy. This comprehensive Report was published on 7 February 2023.

The Minister for Social Protection and I have undertaken to consider the Attorney General's Report in full and hope to revert to Government shortly on any further steps required.