Mary Harney (Dublin Mid West, Progressive Democrats)

There is a misunderstanding. The arrangements with the MPS were also offered to the MDU. When the MDU complained to the European Commission, it held that the procedures were fair.

The British Government took over the historic liabilities of obstetricians whereas we are concerned with all consultant activity in the public sector. I gave an assurance in good faith but I cannot compromise the State's legal position. It may be that, as a result of the communication from the MDU last Friday, this matter will be resolved through litigation rather than negotiation. We would prefer negotiation but if that is not possible, we will have to pursue the matter legally although I cannot compromise the position of the State and the taxpayers.

The MDU should meet its responsibilities. That was the view expressed in Mr. Justice Johnston's judgment in the High Court last Tuesday. The consultants, the Government and the patients are all at one on this issue. From a legal perspective we must ensure that we do nothing that could compromise our position and the State finances.

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