Every Member of the House will have the opportunity of showing where he or she stands on the education cuts and increases in class sizes when the Labour Party tables a Private Members' motion on the issue next Tuesday.

I want to pursue with the Tánaiste some of the matters I raised yesterday with the Taoiseach in regard to medical cards for the over 70s. I want her to answer two questions which the Taoiseach did not address. First, is it the case that the Minister for Health and Children will be able to change the income limits which were announced yesterday in respect of medical cards for the over 70s without coming back to the House? Second, is the Government going to index-link these income limits?

I ask the Tánaiste the legal position on medical card entitlements for the over 70s. I put it to her that the statement made yesterday by the Taoiseach and the Minister for Health and Children does not change the legal entitlement of people who are over 70 to continue to hold a medical card. I will explain. The Health (Miscellaneous Provisions) Act 2001 gives the over 70s an automatic legal entitlement to medical cards. Yesterday the Government stated its intention to repeal that section of the Act. Repealing the 2001 Act will change the position for those who are not yet 70 but it will not change the legal entitlement to hold a medical card for those who are currently over 70 because the Interpretation Act 2005 states:

Where an enactment is repealed, the repeal does not—

[. . .](c) affect any right, privilege, obligation or liability acquired, accrued or incurred under the enactment,

In other words, the repeal of the 2001 Act will not change the legal entitlement for people who are currently over 70 to continue to hold the medical card. The only way that can be done is by bringing in a legislative measure to take the medical card off them.

Try that.

Frankly, if the Tánaiste is having problems now in getting her backbenchers to vote for the repeal of the 2001 Act, let us see how they face up to a legislative measure that takes the medical card off the people who currently have a legal entitlement to it.

Deputy White will not go for it.

Back to the drawing board.

Given that people who are over 70 continue to have a legal right to hold medical cards and given the made-up nature of the figures on which yesterday's announcement was based, cannot the Government make a decision before the pensioners assemble on Molesworth Street later this morning to do the decent thing and leave them with their medical cards?

Hear, hear.

He is looking for socialism.

Ask Joe Behan about that.

The Minister did not say that in 2001.

That is all we can expect of the Members opposite.

Government Members are reverting to type.

It is a legal view.

Bully boy.

If the Labour Party wishes to continue muddying the waters on this issue, that is a matter for itself. However, it is the intention of the Government to repeal the Act. It is also the intention of this Government to introduce the income thresholds in other legislation. Therefore, it is appropriate to say that the Government's intention is to move with the new income thresholds of €700 and €1,400, respectively, for those over 70 with eligibility entitlements.

What about the following year?

It is the Government's intention that the top 5% of earners would stay outside that remit. On the basis of legal advice to the Minister for Health and Children, this is the methodology by which this process can continue and come before the House. This is the legislative measure that will enact the Government's decision to support those over 70 within the income thresholds of €700 and €1,400.

The Tánaiste did not answer the first two questions I asked her, that is whether it is the position that the Minister can change the income limits at the stroke of a pen after 1 January, when these measures will be enacted. Will the Government index-link the new income limits? I would like an answer to those questions and I understand other Members seek answers to those questions before voting on the Fine Gael motion later this evening.

The Tánaiste did not answer my question on the legal position regarding those over 70. It is perfectly clear that repealing the Act of 2001 does not remove the legal entitlement to hold a medical card of those who have already reached the age of 70. Can the Tánaiste clarify the position? Is it the Government's position that it intends to repeal the Health (Miscellaneous Provisions) Act 2001, which will change the position for those under 70 but not for those over 70? Is it the intention to bring in legislation that expressly provides for taking back the medical card from those who hold them? After a number of interviews on radio and television by the Taoiseach and the press conference yesterday, we are entitled to know what the Government intends, if the Government knows what it intends to do. We need clarity on the three simple questions I asked. Can the Minister change the income limits? Will she index-link the income limits? Is there a legal basis for taking back the entitlement from those who got the entitlement under the Health (Miscellaneous Provisions) Act?

I assure people that whatever is required to ensure that no more than 5% are outside the remit is the intention of the Government.

Does Deputy Noel O'Flynn know that?

All matters can be dealt with in the context of the legislation.

The Tánaiste is making it up as she goes along.

The legality of any legislation, changes to it and requirements within this House, are done with the best legal advice from the Attorney General. The Minister for Health and Children has been advised by the Attorney General in the context of the legislative framework in which she will introduce this new scheme.

The Tánaiste does not know.

There will be an opportunity to discuss these issues once the legislation has been brought before the House.

Will the Tánaiste not confirm the assertion of her Minister of State on "Prime Time" that this will be index-linked?

Deputy Reilly is not the man to be talking about that.

Is that the Tánaiste's answer? She left her Minister of State out to dry.

How much does Deputy Reilly get from the GMS scheme?