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Government's secret plan to block repayment of illegal nursing home charges

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  • Registered Users Posts: 2,511 ✭✭✭MegamanBoo


    Not much good if you can't afford a house or rent.

    Not much good if you'll stay at home to die with something manageable for fear of dying alone on an AE trolley.



  • Registered Users Posts: 2,511 ✭✭✭MegamanBoo


    That was back around when we all had to tighten our belts wasn't it?

    Fair play to your family for looking after your Grandad like that.

    At the same time, saying the government of that time would have acted differently doesn't stand up. We don't know how that alternative scenario would have played out and it's getting into the realm of speculation.



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    Fair dues to your family for stepping up to the plate but as I said before what the government did was illegal.



  • Registered Users Posts: 24,026 ✭✭✭✭Larbre34


    I haven't been told anything of the sort and if you believe that your statement there to be the blanket truth of whats going on here, than you either haven't read up on it, or you're delusional.

    Really, some of you are seeing what you want to see here. Take a bit of free advice, don't source your opinions in the swill of the Irish(!) Daily Mail.



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    I was not referring to you been told it was illegal. I was referring to various governments been told it was illegal and yet they still went ahead with it.



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  • Posts: 0 [Deleted User]


    There was no blanket entitlement to free residential care. Thats not what medical cards are for. Thats not what legislation going back as far as 1954 was intended to do.


    Thats not my view, but the advice of successive Attorneys General (perhaps as many as 12 holders of that position).

    So why didn't the govt argue that at trial instead of paying just shy of half a billion in settlements?



  • Posts: 0 [Deleted User]


    Take a bit of free advice, don't source your opinions in the swill of the Irish(!) Daily Mail.

    You'll note that no political figures have stated that the Mail on Sunday printed a false story.

    Given that the story is coming from the well known whistle-blower and references source documents multiple times in the story, I don't think attacking the source will do you and your well connected cronies any good this time.



  • Registered Users Posts: 24,026 ✭✭✭✭Larbre34


    No, you think that that's what they were told.

    Thats not what they were told.

    12 different Attorneys General, did not advise half a dozen Governments to perpetuate an illegal act. Interpretation of legislation going back 70 years, and covering a reference period of 40 years - including a redress scheme brought in 17 years ago - are all at play here.

    If you see this as black and white and your opinion has become black and white, then you don't understand the issue.



  • Registered Users Posts: 2,511 ✭✭✭MegamanBoo


    I think what misleading here is the term 'blanket'

    Family A might have paid for a loved one to be cared for in a modest private home because no public spaces were available.

    Family B might have voluntarily chosen a luxury home.

    While the government would most likely been liable for some or part of FamilyA expenses, they were not liable for all of FamilyB.

    It looks like successive governments were aware of this but did their best to avoid dealing with it, by dodging any liability apart from those that had enough knowledge or resources to pursue them.



  • Posts: 0 [Deleted User]


    If you see this as black and white and your opinion has become black and white, then you don't understand the issue.

    Isn't it Leo peddling the same line

    "Ye just don't understand, it's soooooo complicated, just trust me".

    Well the opposition, Dail Committees (including PAC), the AG, pretty much every news outlet and a whole plethora of affected families etc are all digging into the issue.

    No doubt we'll ALL fully understand the issue soon enough.

    This isn't going away as there's simply no acceptable justification for what was done.

    How it was done shows that multiple govts understood, fully, that there was no justification, hence the veil of secrecy, disguising the settlements etc



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  • Registered Users Posts: 6,989 ✭✭✭SuperBowserWorld


    I think we need a general thread of FFG fuckups that we can consult when FFG come around looking for votes.

    People have very short memories and are easily distracted. And seem to not care if some fuckup is put on the national debt. People think we can keep **** up forever and get away with it.



  • Posts: 0 [Deleted User]


    Some further context

    In 2005 the Travers report was released. It looked at this very issue.

    I strongly recommend that folks take the 3-4 mins to read the linked article. Its from 2005 (keep that in mind when reading it and where we are now)

    I'd put quotes from it here, but I'd be breaking Boards rules as the whole thing is worthy of quoting as it contains very important details in relation to this whole debacle

    Here's another, similar story from back then

    Note the Travers Report, for short, is fully titled "Report on Certain Issues of Management and Administration in the Department of Health and Children associated with the Practice of Charges for Persons in Long-Stay Care in Health Boards and Related Matters"

    The report itself was reviewed at Committee. The link below covers that, an after-action review if you will.

    http://archive.oireachtas.ie/2005/REPORT_20050601_1.html

    I've yet to find the actual Travers report but the link above gives enough on it

    Oh, just to mention, despite claims from a few on this thread that the charges were not illegal, the Travers Report (as reported in the links above) stated they were illegal, the advice given to the Health Boards stated they were illegal and all involved at the time of release of the Travers report all accepted that they were illegal (as far as I have found so far anyway).

    So yeah, to the few folks here saying the charges weren't illegal, sorry



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    What we have here is the Columbo gotcha moment. Game, Set and Match DaCor.



  • Registered Users Posts: 27,755 ✭✭✭✭blanch152


    Very easy to take myself seriously, compared to the hysterics around here about the government falling down. You would think that some of the posters here are characters from the children's story Chicken Licken.



  • Registered Users Posts: 27,755 ✭✭✭✭blanch152




  • Registered Users Posts: 9,193 ✭✭✭Cluedo Monopoly


    The AG is doing a report on this which will be available next week. Usually the FFG government kick to touch for a year or 10 by saying they have requested a full report. They know they are cornered now.

    Fine Gael New Politics 2011

    "The first task for a new government is to champion the cause of the Citizen. It must make the needs of the Citizen the central driver of policy"

    What are they doing in the Hyacinth House?



  • Posts: 0 [Deleted User]


    Not sure you understand, allow me to provide further clarification.

    The answer to your question is the Attorney General stated the practice was illegal i.e. against the law

    This was reported to the Seanad by the then Tánaiste and Minister for Health and Children Ms Harney, on 10 Mar 2005

    I hope thats clarified things for you

    As its now proven, can I ask that you drop that particular line as I'll take it as trolling from this point on and will report it as such.



  • Registered Users Posts: 27,755 ✭✭✭✭blanch152


    If the words of the Attorney General were sufficient to declare whether something was legal or illegal, then we would never have a court case involving the government.

    All that statement does is reconfirm that one Attorney General believed that the government was acting ultra vires (which has a meaning of beyond its powers which is different to the latin illegalis which means illegal) but no court has ruled as such, and it remains just opinion. Furthermore, even in a situation where an Attorney General believed that a government was acting ultra vires and a court also confirmed that to be the case, such a court may not find that compensation is due as a result and that the government was acting reasonably in the circumstances. We are therefore a long way from a declaration that the government acted illegally and robbed pensioners of their money which seems to be the tenor of the accusations.

    I am fully aware that I am posting inconvenient truths for the mob, but I will not be intimidated by threats of being reported when I am only setting out the true position.



  • Registered Users Posts: 2,511 ✭✭✭MegamanBoo


    What you're neglecting to mention in your 'truth' is that no court was going to be allowed find on this.

    That was the strategy.

    That's the problem here and I'm sure you're well aware of it.



  • Registered Users Posts: 2,511 ✭✭✭MegamanBoo


    I missed the start of the PT coverage. Did they say what era that decision was made to deny payments to the disabled?

    Which ministers were involved?



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  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    One of the cases that finally got settlement had their disability allowance taken away in 1983.



  • Registered Users Posts: 692 ✭✭✭atticu


    I would say one more little nudge, and they will be over the edge.


    Is that nudge going to come from the left or the right?



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    Just like the coin pusher machines you see in an arcade.



  • Registered Users Posts: 7,363 ✭✭✭Jinglejangle69


    This on top of the electric bill scandal today.



  • Registered Users Posts: 4,914 ✭✭✭skimpydoo


    It's going to be an interesting Bank Holiday Weekend for the government.



  • Registered Users Posts: 24,026 ✭✭✭✭Larbre34


    Go on, do tell the class how that's Varadkar's fault too.



  • Registered Users Posts: 7,363 ✭✭✭Jinglejangle69




  • Registered Users Posts: 24,026 ✭✭✭✭Larbre34


    Let me explain something to you and to you all.

    For the Government to fall, it needs to loose its majority in the Dáil. At the moment, without any independents, that majority is 1.

    It might as well be 1,000.

    Yes, there have been stupid Lanigan's Ball issues with some of the more naive and indulgent Greens and all has ultimately been forgiven, but this is senior hurling now, it is the WORST possible time for a clumsy and disruptive election, quite apart from any wavering Greens knowing that their political careers are over if they fall out of line.

    Labour and the SDs don't want one either, knowing that SF is their greatest rival on the left, so they won't be pushing it either.

    And the Dáil is certainly not going to fall over some ancient legacy issue that originated before the Taoiseach was even born!

    Feb 2025 lads, no sooner. Start sharpening your pencil collection.



  • Registered Users Posts: 6,273 ✭✭✭emo72


    Doesn't matter anymore if the gov hang on, we have a mandate yada yada... The damage is done. They will be hated, even hated by their own supporters. I reckon it's FFs and FGs core supporters most affected by this. Also why hang on? Do they believe they can turn it around in 2 years? Fix housing. Fix healthcare. Get the ****. The longer they stay in the harder the annihilation will be. They have painted themselves into a corner. They're gonna be nuked.



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  • Registered Users Posts: 7,410 ✭✭✭jmcc


    It is only a matter of time before the Adolph Hitler/Downfall memes start circulating. FFG TDs will be turning on each other like cornered rats in order to save their seats.

    Regards...jmcc



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