State 'defends' nursing home fees

The Government has denied the illegality of nursing home charges despite a promise to introduce legislation to compensate those who had to pay them, Fine Gael leader Enda Kenny claimed.

He said he had been informed of a claim made by a family whose late mother had been charged fees in a public nursing home, and that Minister for Health Mary Harney, the HSE and the Attorney General had lodged a full legal defence.

"In that defence the Tánaiste and her co-defendants deny any liability. They deny the illegality of charges and deny that any monies were taken. They deny the entitlements to restitution."

Mr Kenny said this was utterly at odds with the Supreme Court ruling and the Government's stated policy of repaying illegally-taken fees. The Government could not have it both ways, making one announcement in public and another to the court.

He challenged Minister for Communications Noel Dempsey, who was taking the Order of Business, and Ms Harney, who was not in the House, to explain "this dishonest defence".

"I want her to come into the House next week to explain - if Minister Dempsey cannot do so for her - why this position has been adopted by the Government when the Supreme Court was crystal clear in its verdict and crystal clear on what the legislature had to do, and when it is equally crystal clear that the Government has denied all liability, denied any illegality, denied that monies were taken and denied that entitlement to restitution."

Mr Dempsey said the Health (Repayment Scheme) Bill would be introduced in the House this session, and the matter raised by Mr Kenny would be dealt with in that.

Labour leader Pat Rabbitte said Ms Harney in June said she intended bringing legislation to the Oireachtas in the autumn providing a clear legal framework for a repayment scheme for those who were unlawfully charged in nursing homes. She had added that this would ensure that repayments were made as promptly as possible.

"I have not heard her reply to the extraordinary development whereby the family of a dead patient, in prosecuting an action, has been met with a defence by the State and the Tánaiste that the State has no liability and does not accept any responsibility for overcharging or repayments." Mr Dempsey repeated that the relevant legislation would be taken this session, adding that he understood €400 million had been provided for it in this year's estimates.