Payments to elderly

Has anything really changed in official attitudes towards the treatment of old and vulnerable people in nursing home care? If…

Has anything really changed in official attitudes towards the treatment of old and vulnerable people in nursing home care? If the performance of the Government is anything to go by, then the answer must be "No".

For, six months after the Supreme Court struck down legislation designed to retain money that had been illegally taken by the State from such pensioners, they are still awaiting restitution. And Minister for Health Mary Harney has admitted that payments may not be made until next year.

This lackadaisical approach reflects the shabby treatment that our senior citizens have been subjected to for decades. And politicians, just as much as civil servants, have been responsible for allowing this situation to develop. When the scandal over illegal deductions broke, the Tánaiste attempted to deflect public anger by speaking about "systemic maladministration" within her department. But Ministers knew.

And they did nothing. Her own reaction, on being advised by Attorney General Rory Brady that the deductions were illegal, was to rush legislation through the Dáil redefining the State's duty of care to older citizens and placing the deductions on a statutory basis. An ex-gratia payment of €2,000 was to be paid as a "goodwill gesture" to the pensioners concerned.

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The Government's reaction said it all. It took the involvement of President McAleese, who referred the Bill to the Supreme Court, for the pendulum to swing back in favour of senior citizens. The court found the Minister had acted unconstitutionally in seeking to retain the money illegally deducted. And it rejected her contention that the cost of making restitution - estimated at €500 million at the time - justified the approach.

Since then, charges for long-term nursing home care have been provided for in legislation, to save the Exchequer an estimated €2 million a week. But the same urgency has not attended the Government's promise to deal "quickly, efficiently and fairly" with individuals and their families.

Tenders for the handling of claims were sought three weeks ago, although the Tánaiste spoke, last March, about employing international experts to speed up the process. Special legislation providing for the repayments is being drafted. But the Bill is unlikely to become law before Christmas. And Ms Harney cautioned last week that payments are unlikely until next year.

We are talking here about old people in nursing homes and others who had their pensions and other assets effectively stolen by the State. They will not live forever. The money owed to them could make a qualitative difference in their lives. The Tánaiste and the Government must review the situation. Our old people deserve better.