Written answers

Wednesday, 23 March 2005

Department of Health and Children

Nursing Home Charges

9:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 120: To ask the Tánaiste and Minister for Health and Children to clarify the circumstances surrounding the meeting last December of the then Secretary General of the Department of Health, Mr. Michael Kelly, with the former Minister for Health and Children, Mr. Martin, to discuss the nursing home charges issue; when or whether she was briefed about this meeting; if Mr. John Travers was made aware of this meeting before finalising his report on the issue; and if she will make a statement on the matter. [9435/05]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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I understand that the meeting referred to took place on Monday, 13 December 2004 at the request of the Secretary General who was in the course of preparing a report to me on the issue of public long stay charges for consideration by the Government the next morning. I was briefed about the conversation at this meeting on the following Wednesday.

The terms of reference for the report by Mr. Travers focused on events between 1976 and October 2004 when I sought legal advice from the Attorney General on the public long stay charges. Mr. Travers's report sets out the information which he judged to be relevant to and within the terms of reference.

I was not party to interviewees' conversations with Mr. Travers other than my own. I cannot say what he was told apart from the information contained in his report.

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 121: To ask the Tánaiste and Minister for Health and Children her views on her Secretary General referring a letter and briefing documents to the Attorney General; her further views on whether it would have been prudent to view this letter before it was sent, if matters of important legal, financial and political consequence could result from it; and if she will make a statement on the matter. [9526/05]

Photo of Mary HarneyMary Harney (Dublin Mid West, Progressive Democrats)
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The subject of the Deputy's question is dealt with extensively in the Travers report. I said in my statement to the House on 10 March last that I accept the report's assessments wholly and entirely.

The letter and briefing documents were sent to the Attorney General last October at my request, following the issue being raised in the House. Whenever there is a question mark over the legal basis for any public charge, there are important legal, political and financial issues involved.

From my experience of these instances, officials will seek the Attorney General's advice and brief the Minister to that effect either before or after seeking the advice. In either case important matters such as these should be dealt with quickly and Ministers kept informed.

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