Former Health Minister Micheal Martin's special advisor admitted today that it was "exceptional" that he didn't read crucial briefing notes on the illegal nursing charges before a major department meeting in December 2003.
Christy Mannion appeared before the Oireachtas Health Committee with fellow advisor Deirdre Gilhane, who were both criticised in the Travers Report for not probing the charges issue further after the Management Advisory Committee (MAC) meeting.
Both admitted today they didn't read department briefing notes before the meeting and didn't brief Mr Martin afterwards because they were satisfied the department was awaiting legal advice from the Attorney General.
In their roles as special advisors, they liaised with department officials to aid Mr Martin implement Government policy.
Mr Mannion, who has 30 years experience as a civil servant, said: "I personally didn't read it before the meeting. "It would have been emailed to me on the Monday evening but for whatever reason I didn't access it before I went to the meeting."
Committee member, Senator Mary Henry asked if it was "exceptional" not to read a briefing document before a meeting.
Mr Mannion replied: "It was, yeah" and agreed that, with the benefit of hindsight, he should have read it.
He added that he only read it in the last few months when the Travers Report was ordered by Tanaiste Mary Harney.
Labour health spokesperson Liz McManus said: "It seems extraordinary to somebody on the outside, looking at your role as an advisor, particularly with your extensive experience as a civil servant, that you simply would not have read a briefing document that was sufficiently important to be referred to the Attorney General.
"I would have thought that alarm bell was enough to direct you to ask: 'do I need to know about this?' and particularly 'does the minister know about this?"'
In reply to Fine Gael senator Fergal Browne, Mr Mannion said the first time he heard of the charges issue was at the December 2003 MAC meeting when South Eastern Health Board (SEHB) chief Pat McLoughlin discussed legal advice he had received on the matter.
Mr Mannion added: "Following that, the secretary general said it was an issue we would return to, and in the meantime he would seek definitive legal advice.
"That was the first time that I had actually heard about it - from the health board CEO."
Both advisors said they didn't brief Minister Martin on the issue then as they waited until legal advice came back from the Attorney General.
PA