Fergal Browne (Fine Gael)

For example, if the Department of Health and Children is being sued the case still proceeds if the Minister changes. That element appears to have been forgotten by this Government. There is a certain amount of responsibility. The contrast in the handling of the issue by the Tánaiste and Minister for Health and Children with the mishandling of the issue by her predecessor, is very stark. When I asked the Tánaiste yesterday whether she has full confidence in her Cabinet colleague, the Minister for Enterprise Trade and Employment, Deputy Martin, she failed to answer the question. This does not inspire confidence among the public.

Although I understand the Tánaiste is under pressure today, it is regrettable that she has left the House. I wished to ask her if this issue was ever discussed at Cabinet. Unfortunately, as we cannot make a freedom of information request in this regard, we will not know the answer for another 30 years. It is a very interesting question. If it was discussed, there are wider implications.

Another worrying aspect of this case concerns the inconsistent response of the health boards. My own health board, the South Eastern Health Board, sought and received clear legal advice. I commend it for having the initiative to do so. The worst aspect of this case is that patients who could not speak up for and defend themselves continued to pay the charges, while those who could defend themselves were exempted. This is not satisfactory.

The decision to grant medical cards to the over 70s was made in 2001. We still cannot ascertain the number of people who were over 70 and had a medical card, based on financial or medical grounds before 2001. It is incredible that in 2001 the Department of Health and Children underestimated the number of those over 70 and now is unable to furnish us with those details. We accept that this problem did not begin under Deputy Martin but when he decided to give medical cards to the over 70s, it should have brought the issue to the surface.

Yesterday, the Tánaiste stated that this issue was meant to be brought before the first Government in which Senator O'Rourke served under Charles Haughey in 1987. When the former Deputy, John Boland, was acting as Minister for Health for an interim period, a problem was spotted and he brought it to the last Cabinet meeting chaired by Dr. Garret FitzGerald. It should then have been brought to the attention of the new Cabinet at its first meeting. For some reason, that did not happen. Perhaps that was a failure on the part of civil servants to ensure that the issue was brought to the fore after the change of Government. There was certainly neglect under the new Government. In 2001, when the free medical cards for the over 70s were introduced, the Government should have spotted the mistake and used the legislation that was required to address this issue, but this was not done.

It is amazing to read the comments of members of the Fianna Fáil Front Bench in the Official Report of the Dáil of 20 November 1996 when the former Minister for Justice, Nora Owen, was in some difficulty about a letter missing from her Department. At the time, the then Leader of the Opposition, Deputy Bertie Ahern, stated:

Every time there is a political crisis in this House, this Government [meaning the Fine Gael-led Government] seeks to blame administrators and turn it into an administrative crisis. The report is a whitewash, trying to put the blame on poor unfortunate civil servants.

How quickly things change. I will not read out Deputy Martin's contribution as it would be even more embarrassing for him.