Opposition anger at nursing home charges report

Fine Gael health spokesman Dr Liam Twomey accused the Fianna Fáil/Progressive Democrats majority bloc of dismissing any claims of political responsibility by ex Health Minister Micheál Martin for the 29-year affair.

He said: “Two votes were taken and it was clear that the Government majority intended to ride roughshod over any opposition attempts to assign political responsibility for the failure to deal with the illegal charges.”

The Wexford TD, whose party first exposed the issue in the Dáil, added that Opposition members were also denied the facility of a minority report.”

Labour deputy leader Liz McManus said: “We put forward reasonable conclusions based on the content of the Travers Report and the extensive public hearings which the committee held over several weeks.

“But, at the end of the day, the Government members on the committee circled their wagons and refused to even discuss the conclusions we suggested.”

The 12 conclusions include issues relating to political responsibility, internal communication, the role of Ministers of State and special advisors and the accountability of the Ceann Comhairle.

The parties also call for a comprehensive review of all health legislation and better internal auditing systems.

:: Former Health Minister Micheál Martin failed to accept his responsibility as a minister as laid out in Section 3 of the Public Service Management Act 1997 in which he is deemed responsible for the performance of functions that are assigned to the department.

:: Mr Martin did not, in line with the Public Service Management Act 1997 and the Guidelines for Ministers issued by the Taoiseach in 2002, ensure that appropriate strategies and systems were in place and operational to enable the department to meet its goals and objectives.

:: A memo circulated within the Health Department by then Secretary General Michael Kelly created an inappropriate process for informing the then minister on significant issues and developments.

:: Based on that memo, Mr Martin’s special advisors did not perform their functions as set out in Section 11 of the Public Service Management Act 1997.

:: The lack of clarity and confusion regarding the roles of Minister of State within the department led to a failure at ministerial level to take appropriate action on the issue of illegal long stay charges.

:: The decision to introduce medical cards to all those aged 70 and over without consultation with the Health Department “did not receive the analytical input commensurate with the policy and operational importance of the decision and reflects a failure of governance at Cabinet level".

:: The Dáil should be allowed access to legal advice on the state’s liabilities because TD are asked to vote for funding to meet those liabilities.

:: A comprehensive review of health legislation, with particular emphasis on mandatory services, discretionary services and entitlement to charge for services, should be at the heart of the department’s strategy plan.

:: The Health Committee should invite evidence from the officer with responsibility for internal audits, as well as the department’s legal adviser, the Office of the Attorney General and officers of the Department of Finance.

:: All ministers must record in writing any decisions or instructions they make on significant issues.

:: Any confusion over whether Oireachtas codes of conduct apply to the Ceann Comhairle should be removed.

:: Changes are needed in the way departments calculate annual estimates to ensure better accuracy.

The Oireachtas Committee held public hearings over several weeks during which it quizzed Tánaiste Mary Harney, Mr Martin, Ministers of State, special advisors and high-ranking department officials.

The report will be published in Leinster House by committee chairman John Moloney tomorrow and presented to the Government.

The committee began its hearings on April 15 and interviewed people during 14 separate sessions totalling 35 hours.

Mr Moloney said today that he was disappointed that Fine Gael and Labour had “done a solo-run” on the issue and said it reflected badly on the impartial nature of the committee’s work.

“As chairman I tried my best to be totally independent. The hearings were very comprehensive and I allowed each committee member to air their views in a fair and equal manner.

“June 9 had been set as the date for the launch of the report and we had to take a vote last week.

“It seems that party politics is creeping into the work of the committee which is very regrettable.”

The Laois-Offaly TD added: “Fine Gael and Labour have been pursuing a certain agenda up to now [that Mr Martin was responsible for not uncovering the overcharging] and this seems to be the motivation behind today’s activities.”