asked the Minister for Health if he will state as a result of a Supreme Court decision, whether the Department are now meeting the costs of all hospital charges arising out of road traffic accident cases; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Road Accident Hospital Charges.
10.
The Supreme Court recently ruled that the exclusion from eligibility for services of those persons who required treatment for injuries received in road traffic accidents and who had received, or were entitled to receive, compensation or damages, was ultra vires the power of the Minister. As a consequence such persons are at present entitled to receive services on the basis of their normal eligibility status.
The implications of the judgment are at present being studied in the Department.
Would the Minister not agree that this gives rise to a situation under which the insurance companies who provide insurance for motorists are receiving a subsidy from State funds in that State funds are now meeting the hospital charges of people injured in road accidents who have perfectly valid claims? Can the Minister estimate what the cost of that would be to the Exchequer in a year?
I have been most concerned about the Supreme Court judgment. I have directed that a discussion should take place within the Department of Health with the legal adviser as to what steps should be taken to restore authority to the health boards and to the hospitals to enable them to recover from the insurance companies the cost of such services. I estimate that the cost is between £3 million and £5 million a year, which is a lot of money.
Would the Minister not agree that if there is to be a subsidy running from the Exchequer to the insurance companies of between £3 million and £5 million a year that that is a matter of the utmost urgency which requires a very expeditious amending section to the appropriate Health Act?
I have requested my Department to prepare a memorandum on the matter. I would agree that a simple amendment to the Health Act giving me the power to impose charges in such circumstances should be introduced as a matter or urgency. I will have it before the House very shortly.