Bertie Ahern (Dublin Central, Fianna Fail)

There is no doubt that if all elective and emergency cover were removed, it would be patients and the general public who would suffer. The Government has endeavoured for a long time to resolve the issue and will continue to do so. However, there are legal issues that cannot be set aside.

Following the Minister's meeting with the IHCA on 2 February, a meeting between the Government's legal advisers and the legal representatives of the IHCA is being arranged for later this week to discuss the written assurances given by the Minister that no consultant would be left without cover and no patient would be left without compensation, a commitment given as a result of the actions of the MDU. The IHCA does not consider that this assurance goes far enough and seeks a legally binding commitment. However, the Government has been advised that such a commitment could undermine any subsequent legal challenge by the State against the MDU and that that possibility cannot be ignored.

I accept that Deputy Kenny is being constructive and we are trying to avoid a crisis. As I have stated, the Minister's legal advisers and the legal representatives of the IHCA are to meet in an effort to resolve the issues. The issues cannot be set aside but we will do our utmost to make progress. I discussed this matter with the Minister this morning and she is anxious to try to bring the matter to resolution. However, she cannot set aside the legal issues at stake.

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