Government failed to stop 'illegal' charge for two years
The legal moves, which come after ministers yesterday instructed health boards to stop charging medical card holders, could open the floodgates exposing the Government to a compensation bill of over €100m.
Solicitor and Cork Fine Gael Councillor Colm Burke, whose legal practice is considering up to 30 cases against the Government, said a test case was only a matter of weeks away.
Another firm, CW Ash in Macroom, has already lodged papers in the High Court which is due to hear the application on Monday.
The issue centres on whether it was legal for health boards to charge those over 70 for nursing home care after the 2001 Health Act entitled everyone aged over 70 to a medical card.
Mr Burke said advice received from two senior counsel and two junior counsel indicated that any charges made after the introduction of the 2001 Health Act were illegal.
That view was given further credence by Tánaiste Mary Harney yesterday. She told the Dáil that the Attorney General had advised her the practice of charging medical card holders may not be "legally safe".
A spokesman for Ms Harney later admitted: "The department first became aware in late 2002."
A statement from Ms Harney said legal matters were being finalised and would be decided on at next week's Cabinet meeting. New legislation will also be urgently drafted to clarify the legality of payments made by 15,000 people since 2001.
Speaking to the Irish Examiner last night, Fine Gael leader Enda Kenny accused the Government of covering up the issue for the last two years and called for an immediate investigation.
A spokesman for Ms Harney immediately denied this, but said: "The department knew but there was no attempt by the Government to cover things up."
The Irish Patients Association last night called on the Government not to use health funds for any compensation.
Its spokesman Stephen McMahon said: "If there is compensation paid we would want to see a separate budget item so that the money would not come out of the current health budget."
Age Action Ireland spokesman Paul Murray welcomed the fact the issue would be clarified but warned of the scale of the task ahead.
"If Mary Harney has a challenge, this is one of her biggest challenges. To look after the frail and the old is a huge task and we have to get a mechanism whereby that is done.
"Because of the immensity of the problem it has been left to linger," he said.
