Pat Rabbitte (Dublin South West, Labour)

The Taoiseach has evaded the question and described the problem. We know what is the problem. I do not know whether it should have been known about in 1976. From its judgment, it is apparent the Supreme Court does not know either. However, it knows that the position was clear from 2001. The documents the Tánaiste has placed in the public domain indicate that, at the MAC meeting on 16 December, the then Minister and Ministers of State are listed as meeting the chief executives of the health boards to discuss this problem. How can they seriously state that they were unaware of it? I accept that 16 December is close to Christmas and the then Minister of State at the Department, Deputy Callely, might have been signing his Christmas cards but what is the excuse for the other Minister of State, Deputy Tim O'Malley, who is responsible for people with mental incapacity included under this category?

What is the explanation in respect of the senior Minister who received the MAC minutes, which recorded the decisions taken? A decision was taken at that meeting, as a result of an assessment prepared by the Department, to communicate by letter — this would have been signed by the Secretary General — with the Attorney General and request legal advice. It has been stated that this letter was, unfortunately, not sent at that time. Who causes a Secretary General of a Department not to sign a letter? Who made that decision? Why was the letter not sent to the Attorney General? Does the Taoiseach have confidence in the Minister for Enterprise, Trade and Employment, Deputy Martin, following this, as the Tánaiste described it, systemic maladministration and political incompetence?

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