Mattie McGrath demands timeline for stalled medical certificate scheme
Deputy Mattie McGrath challenged the minister over delays in restoring primary medical certificate assessments and sought a firm timeline to fix the legal gap following the Supreme Court decision of 18 June 2020. He welcomed a committee-stage amendment to the Finance Bill 2020 as an interim fix but pressed for certainty on when a review will conclude and a permanent solution be implemented.
Immediate amendment
The minister said a committee-stage amendment to the Finance Bill has been brought forward to provide for the existing medical criteria in primary legislation. If accepted at report stage and enacted, the amendment will allow the continuation of issuing primary medical certificates while a full review is carried out.
Impact on applicants
Deputy McGrath highlighted the effect on new applicants, saying the scheme still operates for existing recipients but new assessments cannot proceed. He cited an example of a 79-year-old woman with severe scoliosis who has not left her home during the COVID-19 period and cannot access assessments until the legal basis is clarified.
Reason for delay
The minister explained the change had to be made via the Finance Bill at budget time and that he awaited the appropriate legislative vehicle. The Supreme Court decision of 18 June 2020 was noted as having created a delay of over six months, prompting criticism from the deputy about the timing and urgency of the response.
Next steps and review timeline
The minister confirmed a review of the scheme will be opened in parallel once the Finance Bill is ratified and will involve his department and the Department of Children and Youth and Disability Affairs. He said he expects the review to be completed so its recommendations can be considered for next year's Finance Bill, while Deputy McGrath pressed for definite dates and a quicker permanent fix.
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Minister, I am asking you when you are moving forward an amendment to the Finance Bill 2020 to provide for the existing medical criteria in primary legislation in order to allow for the primary medical certificate assessments to recommence. The short answer, Deputy McGrath, is in order to deal with the matter that you are referring to, I have already brought forward the committee stage amendment to the Finance Bill to provide for the existing medical criteria in primary legislation. So that amendment has been brought forward. I hope it will be accepted by the House at report stage of the Finance Bill next week and that will allow the continuation of the issuing of certificates once the bill is passed. This is only an interim solution and at committee stage of the Finance Bill, I confirm to the committee that we will be opening up a review in relation to the operation of the scheme to deal with all of the issues that are being raised by deputies all over the House in relation to this scheme. So when the Finance Bill is ratified and signed by the President, the issues that you are referring to will be dealt with and then in parallel to that last quarter there will be review underway involving my own department and the Department of Children and Youth and Disability Affairs to look at what is the role of a scheme like this. The Supreme Court made its decision on the 18th of June 2020 over six months ago and it is a huge delay and a huge inconvenience to people. I understand that the scheme itself is still operating and all persons are suited for terrible organisations that accordingly assess the scheme can continue to do so. But new applicants is the problem. I have a new applicant and she is a elderly lady of 79 years of age who suffers from severe scoliosis as the OPD and is unable to walk or get around or get into care. So I mean it is very problematic there and I welcome the fact that you have an amendment but it is only going to be an interim solution. Why does it take six months before we get this sorted out and why will the review only kick into place now after the Finance Bill has passed? Because as we know civil business legislation can be passed and signed by the President and can lie dormant and left there. So I want to know the timeline for the review and how long is it going to take and when are we going to have this sorted out for good. Because it is unfair to the people, the individual people, the new applicants, that for no part of their own committee about health and need this scheme badly. So when the bill is enacted this will allow for assessments to recommence in circumstances where the legal basis for such assessments is clarified. To deal with the questions that Deputy McGrath raised there, why now? It has to be done through the passage through the amendment of a finance bill. We only do a finance bill, we do a finance bill at budget time. So I had to await the opportunity of this finance bill to make the change. That is what I have done in terms of any delay regarding the ratification of the finance bill. That, as the deputy will be aware, is rarely the case with a finance bill because its enactment by President Higgins then allows the operation of very many important tax measures for the start of the following year. And then the review, Deputy McGrath, I would expect that that review will be complete so that we can then deal with its recommendations and consequences for next year's finance bill. And it is not, it should be said, a scheme for people who may fall into ill health. This is a scheme for our citizens who have the most acute levels of disability and who legitimately and deservedly need additional support from the state to allow them to be mobile. What you mean, it is not a scheme for real health. People are good, healthy people. But if they get scoliosis or a serious medical condition like that, that they are unable to walk and get into care, they qualify. Obviously it is a medical decision, not me or you to do, thankfully. You sound a bit harsh on that. But Minister, the woman I am talking about, during the COVID-19 illness, and it is eight months now, she hasn't been left the house once. And she is suitable for this scheme because she is severely, you know, physically disabled. And as I said, Minister, six months have gone already. So you are telling us now that this bill will be signed into law and the amendment you hope is passed and I don't see anybody opposing it. But then the review, you said, and then you also mentioned that it will be next year's finance bill. How can it take 18 months or only two years to rectify a loophole that has risen, the courts have deemed arose, but this scheme has been operating for decades? So, Minister, we want certainty here. And I can't wait for the Finance Bill of 2021 to rectify it. You can bring in legislation regularly to suit the banks and suit vulture funds and suit hearsay legislation. We brought it in through the health regulations. So this needs to be dealt with. It is a very important scheme for people who fall ill, become disabled. I am not talking about getting the flu or the COVID. I am talking about physical disability. I know what I am talking about. And you do too. There is no point in being flippant about it. Thank you. We want definite dates to have this loophole plugged. Thank you, Deputy McGrath. Of course, Deputy McGrath speaks for real pedigree in relation to emergency legislation being brought in that you voted for. And you voted for some of the legislation that had the most damaging effect in our state and burdened generations to come with the deaths that we are still dealing with. And Deputy, I don't know where in my statement you got any hint of harshness. I think you must have been distracted and looking at something else. Because what I said was that I recognised how important this scheme is. And I recognise that this is a scheme that is made available for those who need it the most. And it is a scheme that plays a very valuable role in looking after those who have a very high level of need within our country. I amended the finance bill at the first opportunity, which was the next finance bill that was coming in after the Supreme Court ruling has been made. And I've no doubt at all that if the House cooperates in the speedy passage of the finance bill, that this bill will then be enacted, I hope, by President Higgins. And the procedures and the assessments that need to happen will then commence soon after that. If IAN CLEAN BELL ON FOX IAN CLEAN BELL ON FOX IAN CLEAN BELL ON FOX
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