Micheál Martin (Cork South Central, Fianna Fail)

He examined all aspects of how the issue was raised or failed to be raised. In respect of the extension of medical card cover to the over-70s by means of the Health (Miscellaneous Provisions) Act 2001, the report shows that no submission was made to me that existing charges were illegal and that they should be regularised through the legislation. The report shows, however, that the Act ultimately forced clarification of the issues. There is no doubt that the receipt of a legal opinion prepared for the South Eastern Health Board in March 2003 should have led to rapid action.

The report confirms that the first action taken involved it being referred to a joint meeting of the Department's management committee and the chief executive officers of the health boards. This meeting was held on 16 December 2003. Of the many elements dealt with in the report this is the one where the difference between the facts and the political attacks is most significant. The issue was listed on an agenda with 13 other items under the title, Long Stay Charges — Over 70s and was explicitly stated as being for "brief mention only". The major topic for the meeting was intended to be, and was, the health reform programme, including the future position of the chief executive officers and the staff of health boards in the new health structures. Mr. Travers accepted that I was not present at the meeting when this issue was discussed and decided upon and Mr. Travers confirms that the decision to seek the Attorney General's advice was a "predictable" one. The report confirms the position of all present at the meeting that the reform programme was the dominant issue and that it was followed by a meeting on the Hanly proposals. The record shows that the items for brief mention, of which I think there about five or six, were taken before I arrived——

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