92 Mr. D'Arcy asked the Minister for Health and Children if he will guarantee that there will be no change in the Health Act, 1970 to remove a person's full statutory entitlement to nursing home care provided by their health board. [5854/02]

The report of the ombudsman on the nursing home subvention scheme raised certain questions about older persons' entitlement to services. The ombudsman outlined his interpretation of the Health Act, 1970 which is that any person in need of nursing home care has a statutory entitlement to the provision of that service by a health board. My Department's position, based on legal advice which it received, is at variance with the view expressed by the ombudsman. What is clear is that the uncertainty that undoubtedly exists in relation to eligibility and entitlement should be resolved. The new health strategy acknowledges this and sets down a commitment to introduce new legislation to provide for clear statutory provisions on entitlement. In addition, proposals on the financing of long-term care for older people will be brought forward.