Dáil Éireann Debate, Thursday - 26 November 2020
64. Deputy Mattie McGrath asked the Minister for Finance the date he will bring forward an amendment to the Finance Bill 2020 to provide for the existing medical criteria in primary legislation to allow for the primary medical certificate assessments to recommence. [38925/20]
Amharc ar fhreagraWhen will the Minister bring forward an amendment to the Finance Bill 2020 to provide for the existing medical criteria in primary legislation to allow for primary medical certificate assessments to recommence?
The short answer is that to deal with that matter I have brought forward an amendment to the Finance Bill to provide for the existing medical criteria in primary legislation and I hope it will be accepted by the House on Report Stage next week. That will allow the continuation of the issuing of certificates once the Bill is passed. This is only an interim solution. On Committee Stage, I confirmed that we will open a review of the operation of the scheme to deal with all of the issues relating to the scheme that are being raised by Deputies across the House. When the Bill is ratified and signed by the President, the issues to which the Deputy refers will be addressed. In parallel with that, there will be a review involving my Department and the Department of Children, Equality, Disability, Integration and Youth to look at what is the role of a scheme such as this.
That sounds like good news but the Supreme Court made its decision on 18 June 2020, more than six months ago. There has been significant delay and inconvenience to people. I understand the scheme is still operating and that all persons and suitable charitable organisations that currently access the scheme can continue to do so, but the problem is in respect of new applicants. I am aware of one such new applicant. She is an elderly lady of aged 79 years who suffers from severe scoliosis and COPD and is unable to walk or get around or get into a car. The situation is very problematic for her. I welcome the fact that the Minister tabled an amendment, but it will only be an interim solution. Why has it taken six months to get this sorted out? Why will the review only kick in after the Finance Bill is passed? As Deputies will be aware, legislation can be passed by the Houses and signed by the President but then left to lie dormant. What is the timeline for the review? How long will it take? When will we have this situation sorted out for good? It is unfair to new applicants who have come into bad health through no fault of their own and who need this scheme badly.
When the Bill is enacted, it will allow for assessments to recommence in circumstances where the legal basis for such assessments is clarified. The Deputy asked why this is only being done now. The answer is that it must be done by means of amendment through a finance Bill. Finance Bills are progressed at budget time, so I had to await the opportunity of this year's Finance Bill to make the change. That is what I have done.
On the issue of any delay in the ratification of the Finance Bill, as the Deputy will be aware, that is rarely be the case with a finance Bill because its enactment by the President then allows the operation of many important tax measures for the start of the following year. I expect the review will be complete so that we can then deal with its recommendations and consequences for the finance Bill next year.
This is not a scheme for people who may fall into ill-health; it is a scheme for citizens who have the most acute levels of disability and legitimately and deservedly need additional support from the State to allow them to be mobile.
What does the Minister mean by stating it is not a scheme for people who fall into ill-health? People who were good and healthy but get scoliosis or a similar serious medical condition, which means they are unable to walk or get into a car, qualify for the scheme. Obviously, that is a medical decision, rather than a decision for the Minister or myself, thankfully. He sounds a bit harsh in that regard.
The woman I am talking about has not left her house once during the eight months of the Covid-19 pandemic. She is suitable for the scheme because she is severely physically disabled. As I stated, six months have gone already. Is the Minister telling us now that the Bill will be signed into law and that he hopes the amendment will be passed - I do not foresee anybody opposing it - and the review will then be carried out? He mentioned it will form part of the finance Bill next year. How can it take 18 months or nearly two years to rectify a loophole the courts have identified in respect of this scheme that has been operating for decades? We want certainty here. I cannot wait until the finance Bill of 2021 for it to be rectified. The Government regularly brings in legislation to suit banks and vulture funds. Hearsay legislation was brought it in through the health regulations. This issue needs to be dealt with. It is a very important scheme for people who fall ill or become disabled. I am not talking about getting the flu or Covid; I am talking about physical disability. I know what I am talking about and the Minister does too. There is no point being flippant about it. We want definite dates for this loophole to be plugged.
The Deputy speaks with real pedigree regarding emergency legislation that he voted for being brought in. He voted for some of the legislation that had the most damaging effect on the State and burdened generations to come with the debt with which we are still dealing. I do not know where in my statement he got any hint of harshness. I think he must have been distracted and looking at something else because I said that I recognised how important this scheme is and that it is made available for those who need it the most. It plays a very valuable role in looking after those who have a very high level of need. I amended the Finance Bill at the earliest opportunity. The first chance to address this issue was in the Finance Bill following the Supreme Court ruling. I have no doubt that if the House co-operates in the speedy passage of the Bill, it will then be enacted by President Higgins and the procedures and assessments that need to happen will commence soon after that.
