Brian Cowen (Laois-Offaly, Fianna Fail)

As I stated in the original reply, I am informed by the Attorney General that all the report's recommendations have been implemented. A three-person panel of experts, a risk management group, also made recommendations which were referred to in the Sullivan report. Appropriate action has been taken to implement that group's recommendations and its members have been informed.

A legal management advisory committee has been established. It met on 9 April, 9 July and 28 October 2008 to consider reports on legal issues, to draft memoranda to the Government on sensitive cases etc. The annual report for the Office of the Attorney General, currently being finalised, is expected to be submitted to the Government shortly and will be published as soon as possible thereafter. Members will have an opportunity to examine it then.

To answer Deputy Gilmore's earlier point on the recent emergency Bill in the health area, the Mental Health Act shows that the office could still be taken by surprise. The issue that gave rise to the need for emergency legislation in the form of the Mental Health Act arose in the course of a hearing that commenced on 7 October 2008 as a result of evidence given. The issue was not pleaded in the original statement of the case and was raised by the High Court judge. It became a preliminary issue during the hearing of the judicial review on 14 October. As soon as the issue was raised in the case, the need for emergency legislation was raised with the Department of Health and Children by the Office of the Attorney General. The Office of the Attorney General prepared draft legislation on the instructions of the Department, which was enacted on 30 October, within two weeks of it being raised in the case. This was the day before the delivery of judgment in the case. All appropriate procedures concerning the sensitivity of this file were followed and the issue in the case was handled as a matter of urgency. It was dealt with in the shortest possible time and the question raised by Deputy Gilmore reinforces the fact that procedures were operating quite well as the reply, which I have just uncovered in the series of supplementaries attached to the question, suggests.

Regarding the memory of Deputy Ó Caoláin about the position of the Green Party at that time, I can only presume that the comprehensive recommendations of the Sullivan report provided the public interest response and the subsequent full implementation reinforces the fact that the confidence was well placed.

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