AG never advised on legality of fees
The Minister of Justice was AG in 2001 when he advised the Department of Health in relation to the report of Ombudsman Kevin Murphy on practices relating to subventing patients in private nursing homes.
But, according to reliable sources, his advice was confined to the subvention issue and did not include opinion on whether nursing home charges in State-run homes and residences were legal.
The development seems to contradict the impression taken by several TDs on the Oireachtas Health Committee, following the evidence given by a special adviser to Mícheál Martin who was then Minister for Health.
Deirdre Gillane told the committee that the Department had received advice from the AG’s office that contradicted the opinion of the ombudsman on the issue of access to long-term care and the provisions of the 1970 Health Act.
Yesterday, the committee requested Mr McDowell to appear before it. Green Party health spokesperson John Gormley, who tabled the request, said it was crucial to establish if Mr McDowell advised that the charges for long stay patients in nursing homes were not illegal.
“If he did then we need to know why and on what basis. Any advice that the charges for long stay patients in nursing homes were not illegal would appear to conflict with the views of the Ombudsman and the new Attorney General,” he said.
It is unlikely Mr McDowell will appear before the Committee. Government sources said yesterday it would be “unprecedented” for an AG, or former AG, to appear before a committee to discuss legal advice.
