The Government's response to the illegal treatment of old-age pensioners in nursing homes under its care has been both shameful and opportunist. Vulnerable citizens had their incomes unlawfully sequestrated by health boards.
And the illegal deductions did not stop when the Ombudsman alerted the authorities about this in 2001.
Now, following advice from the Attorney General, Mr Rory Brady, the Government intends to redefine the State's duty of care to citizens through emergency legislation; place the previously illegal deductions on a statutory footing and make a small repayment to the pensioners concerned. For many elderly people who were forced to pay multiples of the €2,000 compensation package, this will add insult to injury.
The Tánaiste and Minister for Health, Ms Harney, sought to defuse public anger over the disclosures by recognising a moral obligation to make some restitution to pensioners, even though she said the Government was not legally bound to do so. It won't wash. This is the same Government that cut special entitlements to widows and widowers in last year's Estimates. Grave questions remain to be answered within the Department of Health about who knew about these illegal deductions by health boards; when they knew it and whether any attempt was made to stop the practice. The documents released yesterday by the Minister and the inquiry she announced into why the Department did not seek early legal advice will help clarify them.
Nearly 30 years ago, the Supreme Court ruled that medical-card holders were entitled to free in-patient care, including nursing home care. Since then, health boards, with the collusion of governments, have sought to subvert that ruling and extract funding for residential care. The granting of pre-election medical cards to everyone over 70 years of age by the Government brought issues to a head. Nursing home care, an unforeseen cost, drove State subventions to nursing homes from €15million to €115million in three years. In spite of protestations of innocence by Mr Martin, who was then Minister for Health, the rising cost of care must have been well ventilated in Cabinet.
The Tánaiste generated public controversy during that time when she spoke of encouraging families to look after ageing relatives. She questioned whether the State should have to pick up the bill for long-term nursing home care when other people gained substantially when that relative died. But Fianna Fáil ministers failed to become involved in a public debate. Yesterday, a Bill to legalise State deductions for long-term care was rushed through the Dáil. It is not how things should be done.