Bertie Ahern (Dublin Central, Fianna Fail)

The then Minister of State at the Department of Health and Children, Deputy Callely, was asked if he followed-on and if he raised it with the Minister. I will let the Minister answer that. In relation to me, he said that there was a major issue related to the distinction between eligibility and entitlement and that his Department was going to seek definitive legal advice. As the Deputy is aware having raised the issue, the Department did not seek definitive legal advice until the Deputy raised it here in October. That is the answer to that question.

On the broader issue of the Public Service Management Act 1997, which was one of the first I introduced in September 1997, it governs who is responsible and sets out the arrangements. Section 4 of that Act determines how issues are designated and dealt with and how various functions are delegated. That Act works and is followed very clearly in my Department and I am sure that is also the position in other Departments.

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