Payments for patients over 70
Kenny asked whether charges paid by people over 70 would be repaid if unlawful; the Tánaiste said the payments were made in good faith and primary legislation was needed going forward.
I thank the Tánaiste for her remarks on the issues I raised. Does she mean that the payments taken from those over 70 over the past number of years will be repaid retrospectively if the advice of the Attorney General is that they were taken illegally, through nobody's specific fault? If that is the case, will the primary legislation introduced in the new year make provision for retrospective payments, as did the IFSRA findings regarding the AIB and its customers? Will the patients in question, or their next of kin in some cases, be compensated in respect of payments made under the regulation?
Comment on this
One cannot compare the two situations. Any moneys taken were taken in good faith and the Attorney General has advised that this is not an issue. What he is saying is that in order to be certain as we go forward we need primary legislation. Clearly if such an issue arose between the time we became aware of the difficulties, in other words, from when we got the Attorney General's advice, and the time new legislation is enacted, we would have to deal with that. However, that has not yet arisen. I am awaiting legal advice on that matter, but I hope to be able to publish the proposal very quickly and will make it available to the Opposition as quickly as I can.