Dail Report: The former minister for health, Mr Micheál Martin, and two ministers of state attended a meeting in December 2003 at which the charges for long-stay nursing home residents were discussed, according to documents released by the Tánaiste, Ms Harney, to the Dáil.
However, the Minister of State for Health, Mr Seán Power, later told the House that Mr Martin was absent when the charges issue came up. "The secretary-general has confirmed when item number four in the minutes - long-stay charges - was discussed, the former minister, Deputy Martin, was not present," Mr Power said.
The then minister of state with responsibility for the elderly, Mr Ivor Callely, and the minister of state for health, Mr Tim O'Malley, also attended the year-end review meeting between senior management of the Department and health board chief executives.
Following decisions made at that meeting a year ago yesterday, a letter was written in January to the Office of the Attorney General, requesting legal advice on the issue. "But, unfortunately, this letter was not sent at that time," Ms Harney said.
She has asked a retired head of Forfás, Mr John Travers, to examine the management of the issue in the Department and the reasons why the Attorney General's advice had not been sought at the earliest possible time.
Ms Harney also confirmed that the South-Eastern Health Board had obtained legal advice in 2002 about a range of issues related to long-stay care in nursing homes. An extract from this had been given to the Department in March 2003. "I am informed that the broad content of the advice was also made known by the South-Eastern Health Board to the CEOs of the other health boards."
Ms Harney said that she was "not interested in blame", adding: "I am interested only in achieving excellence in public administration, in the interests of patients, public and staff."
Mr Martin, now Minister for Enterprise, Trade and Employment, has already denied knowledge of the issue at that time.
This was, however, rejected by the Opposition. Fine Gael's health spokesman, Dr Liam Twomey, described Mr Martin as a "plonker". He had published 140 reports but could not even read an 80-page legal document which had the potential of incurring charges of €8 million a month for the taxpayer, the Wexford TD said.
Mr Bernard Allen (FG, Cork North-Central) said it was "rubbish" to say Mr Martin had not been at the meeting. In "pleading ignorance of what happened, he is trying to fool us further", he said.
Labour's health spokeswoman, Ms Liz McManus, said that the "senior minister may have been out of the room at the time", but the minister of state, Deputy Tim O'Malley, was there. "This is new and crucial information, because it clearly signifies that the matter was discussed and that the Department and minister had knowledge at that time."
The Tánaiste released the documents and made her comments during a debate on emergency legislation - the Health Amendment Number Two Bill - which provides a legal framework for the charging of patients who are in long-term care in health board-run institutions and in publicly-contracted beds in private nursing homes.
Ms Harney said that, following questions from the Fine Gael leader, Mr Enda Kenny, and from Mr John Perry (FG, Sligo/Leitrim), she immediately sought legal advice from the Attorney General's Office and, following that advice, work had begun on the necessary legislation.
