440 Mr. Spring asked the Minister for Health and Children if his attention has been drawn to the fact that the Southern Health Board is unable to offer enhanced subvention on contract beds to patients in the Southern Health Board area; and his views on whether this is a contravention of constitutional rights. [9421/02]

As the Deputy is aware, Sections 22.3 and 22.4 of the Nursing Home (Subvention) Regulations, 1993, allow health boards the discretion to contract beds in private nursing homes and to pay more than the maximum rates of subvention in such cases. However, the application of these provisions is a matter for each health board in the context of meeting the requirements of the subvention scheme within the board's revenue allocation as notified annually in the letters of determination. This is in keeping with the provisions of the Health (Amendment) (No. 3) Act, 1996.

In 1997, the funding available for the scheme was £27 million, in 2001, the sum was £52 million and in 2002 the funding available is £72 million, €91.4 million. In recognition of the issues involved, this Department made significant additional resources of over £1.2 million, €1.5 million available to the Southern Health Board at the end of 2001. Furthermore, the Southern Health Board received an additional £3.35 million, €4.24 million this year including a sum of €2.641 to respond to extra pressures on the scheme.