Mary Harney (Dublin Mid West, Progressive Democrats)

On Deputy Ó Caoláin's question, I do not know the precise number of cases. I did say — this is in the report — that anyone who challenged the making of the payments did not have to pay. The advice from the Department to the health board was not to pursue the matter legally. When invited by the registrar of the wards of court to pursue it legally, the Department's advice was that this should not be done.

I do not know the numbers and this clearly creates another issue of inequality. Those who took legal advice or got somebody to take it on their behalf did not pay while those who were not so lucky paid. This is extraordinary.

One will see in the documents published this morning that the line is advanced and that the Department was fearful of pursuing legal action for fear of the outcome. It believed it would not succeed. I do not know the numbers involved, nor do I know if there is a way to obtain them. However, if I can do so, I will.

On Deputy Healy's question, there is legal advice on the matter raised.

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