Written answers

Tuesday, 14 February 2023

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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673. To ask the Minister for Health the number of meetings which have taken place between Ministers of his Department and the Attorney General relating to long-stay charges litigation since 1 January 2000. [6824/23]

Photo of David CullinaneDavid Cullinane (Waterford, Sinn Fein)
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674. To ask the Minister for Health the number of meetings which have taken place between officials at his Department at principal officer grade and above and the Office of the Attorney General or the Office of the Chief State Solicitor relating to long-stay charges litigation since 1 January 2000. [6825/23]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 673 and 674 together.

Upon the raising of issues about how the State has approached legal challenges taken against it in relation to pre-2005 legacy nursing home charges, the Government moved quickly to establish the facts surrounding these issues, which go back many decades, by requesting the Attorney General to prepare a Report on the litigation management strategy. This comprehensive Report was produced within a week and was published on 7 February 2023.

As is normal in relation to the management of litigation against the State, there has been significant and regular engagement between my Department, the Office of the Attorney General and the Chief State Solicitor’s Office in relation to this litigation since cases were first taken in the 2005/06 period.

The Attorney General's Report sets out the general approach adopted in the management of this litigation. It also set outs the importance of the public interest in the proper administration of justice which is served by legal professional privilege and the entitlement of the State not to waive privilege in respect of the legal advice provided by the Office of the Attorney General on the matters addressed in his Report.

The Minister for Social Protection and I have undertaken to consider the Attorney General's Report in full and to revert to Government in three months on any further steps required.

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