Liz O'Donnell (Dublin South, Progressive Democrats)

In this case, successive Ministers were kept in the dark about the questions around the justifiability of these deductions.

The Tánaiste must be commended for seeking clarity on this issue, for being straightforward in characteristic fashion and for being honest with the House in so far as she was made aware of the truth of the situation. In her speech tonight, she has indicated that she was not aware that legal advice was provided in 1978 by senior counsels Keane and McCann to the effect that the basis of the charges was not sound. In other words, legal opinion had been given the Department of Health and Children over the years but the information was not given to successive Ministers. Therein lies the kernel in terms of public accountability and good governance. There are serious issues of bad administration or maladministration and it is in the public interest that the Travers report should come forward with its recommendations and clarity. I hope the House will in due course be made fully aware of what has happened in respect of this matter.

It now transpires that the court has in its wisdom decided that these charges were not legally justifiable. They will be so in the future if the Government decides to legislate to make such charges, which have never been imposed by any political party, and that will be acceptable to the Supreme Court. The Supreme Court has adjudicated that it is acceptable for the State to seek a contribution, where it is appropriate, from elderly people in long-term care. However, it found that these charges were not defensible and cannot be made lawful retrospectively. At long last we have clarity but serious questions arise for the Government and the House in terms of maladministration in the Department of Health and Children.

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