Mr. Ambrose McLoughlin:

She did in her conclusions and reflections but my advice was that I had to deal with it in the context of litigation and that is clearly the advice of the Attorney General's office. I have to act on that advice. Please respect my position on that because if I were to ignore the Attorney General's advice, there could be serious consequences for the taxpayer and the health system.

I will do my utmost to ensure the relationship is improved and is positive and constructive, but in administrative matters there will always be tension between the various elements of the State administering various schemes and the Ombudsman, and this is how the legislation is designed. I assure the committee we will work very hard on this relationship and do everything we can to address matters where they can be addressed.

In these circumstances the challenge has been made that I, the Minister, Deputy Reilly, and the Minister of State, Deputy Lynch, are ignoring the law of the land. I assure the committee we are doing everything we can within the law and we are people of integrity attempting to deal with very complex issues throughout the Department of Health. We have made significant progress, particularly in recent years in reforming the health system. The fair deal scheme is a good example of the progress that has been made. Throughout the health system we are dealing with issues such as hospital groups. We are examining new ways of managing the health system and holding it to account. The governance legislation is almost through the House which will give us a new structure for the HSE. We have better financial controls in the health system. Generally the reform programme is working and it is successful. We are in a very difficult time financially and must get more for less. We must do the very best we can in a very difficult time and I am very grateful to all of the front-line staff throughout the health system for their dedication and commitment. I assure the committee that we are anxious to provide the highest quality of service in caring for older people with the resources available.