331 Mr. McGrath asked the Minister for Health and Children if he has had discussions with the Ombudsman concerning the Ombudsman's assertion that, under the 1970 Health Acts, all patients in nursing homes were entitled to free care; the outcome of these talks; and if he will make a statement on the matter. [7993/02]

As the Deputy is aware, the Ombudsman, in his report on the nursing home subvention scheme, asserted that, under the 1970 Health Act, any person in need of nursing home care has a statutory entitlement to the provision of this service by a health board.

As my Department advised the Ombudsman in its response to the draft report of the Ombudsman, its view is that the Health Act, 1970, as amended distinguishes between eligibility for a service and entitlement to a service, although the two terms are often used interchangeably. This view is supported by legal advice available to my Department.

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 the interim, I have not had any discussions with the Office of the Ombudsman concerning this issue.