Brian Cowen (Laois-Offaly, Fianna Fail)

The matter that referred to was a request regarding issues that were under litigation. On the advice of the Attorney General, this information is not made available to anyone, nor is it within the remit of the Ombudsman's Act to obtain it.

There was a suggestion that there was no legal certainty in these matters. The Oireachtas enacted legislation prior to the investigation in question being undertaken which provided legal certainty. The nursing home support scheme, which has been favourably received by all Members based on its good operation and the equitable position it establishes between public and private nursing home care for people to obtain nursing home care based on their means and needs and an assessment of a multidisciplinary team, has been broadly welcomed in the House. Legal certainty was provided by the Oireachtas before the investigation started.

The other matter relates to the suggestion that nursing home care is provided regardless of budgets, which is clearly not the case. All public services are provided based on resource availability, the adequacy of resources and the resources being applied at a given time. Legal certainty has, therefore, been provided.

On the question of litigation issues, that is not a matter to which the statutory person concerned is entitled.

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