Cabinet forced to back down on nursing home Bill

The Government has backed down from rushing new nursing homes legislation through the Oireachtas before Christmas in the face…

The Government has backed down from rushing new nursing homes legislation through the Oireachtas before Christmas in the face of stiff resistance from the Opposition and elderly advocacy groups.

Under "The Fair Deal" plan, the cost of looking after elderly people in nursing homes could be covered by 80 per cent of their weekly pension, plus a 15 per cent levy on the value of their estate after their death.

The Minister for Health, Mary Harney, had intended to get the legislation cleared by the Cabinet yesterday, published tomorrow and then debated by the Seanad next week.

She had intended that the new legislation would come into effect on January 1st which, she said, would stop families having to sell off the family home to pay for the care of a loved one.

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However, Labour Party leader Eamon Gilmore said the timetable "would not be acceptable" because "complex and sensitive issues are at stake which require time and attention".

The strength of the Opposition's resistance to the Government's timetable was reinforced in talks between Government chief whip Tom Kitt and other party whips.

In the Dáil yesterday, Taoiseach Bertie Ahern said the legislation would not be published "for a while", to allow time for consultations to be held with lobby groups and others.

"We will not attempt to bring it through the House before Christmas and we will try to deal with it after reflecting on the considerations put forward by members, including Deputy Gilmore and others.

"The only downside . . . is those who were looking forward to receiving the benefit from January 1st will not now receive it," Mr Ahern told the Dáil.

However, the Department of Health was much less conciliatory last night, pointing out that the thrust of the legislation had been agreed with the social partners in the Towards 2016 talks.

"This has been flagged for over a year. It is complex legislation on which a huge amount of work has been done. There are issues still to be finalised, but the objective of the legislation is clear," said a department spokesman.

Last week, a coalition of groups representing the elderly urged the Government to postpone the introduction of the legislation to allow for a full debate on its consequences.

Under the scheme, which is optional, those needing nursing home care will pay a maximum of 80 per cent of disposable income towards their nursing home costs with the State paying the balance. A deferred contribution of up to 15 per cent of the value of their home and assets may be due after the person's death.

For the spouse of the older person in care and certain dependants living at home, the charge will be deferred during their lifetime.

Government officials say the changes mean people will no longer be forced to sell their home during their lifetime, while relatives of older people will not have to help pay for care costs.

Following the publication of the Minister's draft proposal in 2006, there were concerns that the State would have control over choosing which nursing home was found for an elderly relative, rather than the person concerned, or their families.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times