Mary Harney (Dublin Mid West, Progressive Democrats)

To deal with the last issue first, I gave an undertaking that the briefing document would be made available. There were four elements to that briefing document. Two of them are published in the Travers report and the other two relate to the South Eastern Health Board legal advice. That contains advice other than in relation to long-term charges. It contains advice on matters that are about to come before the courts. Cases are pending as regards other issues which are dealt with in those legal opinions. For that reason the Attorney General has strongly advised that I would prejudice the position of the State if I released those documents. They are, as the Deputy knows, subject to client and professional confidentiality. All those documents were available to Mr. Travers, who quoted from them in his report.

Maladministration may refer not only to public servants but also politicians. The Travers report was clear on where blame lay. While Mr. Travers said there were misgivings on the part of Ministers over the years for not probing more deeply, he said, I think the words were, on the scale of comparison, "it was nothing in comparison to the fault that lay in the corporate public administration of the Department of Health and Children". He went on to instance why he believed that to be the case. Those were Mr. Travers's findings. He is a reputable former public servant and head of a State organisation, and I accept his findings — I see Deputy McManus has the report. He said he could find no evidence of any Minister having been appropriately briefed by the Department of Health and Children. I am sure that was among the reasons he came to the conclusions outlined.

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