Opposition attacks 'censored' report

THE OIREACHTAS Health Committee yesterday published its controversial report into the illegal nursing home charges amid accusations it had been censored to exclude criticism of former Health Minister Mícheál Martin.

In a tense launch at Leinster House, committee members bickered over the manner in which the final report had been voted through.

On Wednesday, Fine Gael and Labour health spokespersons took the unprecedented move of publishing 12 conclusions they said the committee had refused to include in its final report.

Those recommendations primarily sought to pin the blame for the charges scandal on Mr Martin.

However, the committee report contained no such criticism and backed the findings of the Travers Report, published in March.

Before yesterday's report launch, there were further unseemly scenes as the committee met to allow additional submissions, not included in the report, be read into the Oireachtas record.

Branding the committee "fascist", Labour health spokeswoman Liz McManus said the Government committee members had acted to protect Mr Martin and his junior ministers.

"That was how they saw their role and that's what they were determined to do," she said.

"That does not serve democracy one whit. If anybody was defining fascism here it might be more appropriate to look at the censorship of public information as well as the political direction that this report has taken."

Criticising Mr Martin's refusal to accept any responsibility for the e1 billion scandal, Green Party health spokesman John Gormley said: "It's like the captain of the Titanic saying 'nobody told me about the iceberg'.

"See no evil, hear no evil and you can have a great career and maybe even go off and become Taoiseach."

Speaking to the Irish Examiner last night, Mr Martin said the partisan agenda of some committee members had been to try to openly try to topple him.

"Prior to Travers, they were trying to undermine me, on the day it was published they were making all sorts of allegations, during the committee they sought to undermine Travers and then at the 11th hour they set out to undermine the conclusions of the committee," he said.

Committee chairman John Moloney said the important issue was improving the Department of Health through the committee's recommendations and he rejected opposition criticisms.

"From day one we were never going to get agreement that Mícheál Martin acted properly. I cannot agree with claims of bullying and censorship," he said.

Fianna Fáil senator Camillus Glynn said: "It appears to me that the Opposition went after a scalp but unfortunately for them they had no tomahawk.

"My understanding of democracy is that when a vote is taken and somebody wins, that's a democratic decision. But it seems now that it is only democracy when it suits the losers," he said.

Report recommends

THE recommendations of the Health committee report on illegal nursing home charges:

The responsibility of ministers needs to be clarified urgently so there is a clear outline of the extent to which they can be held accountable for the department and agencies under their charge.

Ministers should be provided with additional support to discharge their responsibility and departments should consider the adoption of a Cabinet-type system to administer departments.

The roles of ministers of State and political advisers should be more effectively structured to avoid confusion and disagreement.

A balance must be achieved between "firefighting" issues which constantly arise and managing the long-term strategic plans of the department.

Risk management procedures must be improved and methods put in place to deal with identified risks.

Proper procedures for recording and tracking information are essential.

Legal advice should be included automatically in discussions at senior departmental level and should be considered a staff function at all times.

All departments should examine their legal capacity to ensure it is adequate in the context of changing public demands and an increasingly litigious environment.

The membership of the Department of Health's Management Advisory Committee should be confined to senior managers in matters of strategy implementation. Outsiders should join the deliberations only if strategic decision-making is being discussed.

Special attention should be paid to devising better management models for the kind of complexities confronting the Department of Health.

All Oireachtas committees should receive copies of legal advice they believe to be relevant to their investigations unless there is a compelling reason to withhold it.

The secretary general of the Department of Health should be invited back in six months to report on progress made on implementing the recommendations.

Opposition claims

TWELVE conclusions which Labour and Fine Gael claim were omitted from a report into the multi-million euro nursing home scandal:

Former Health Minister Mícheál Martin failed to accept his responsibility as a minister as laid out in the Public Service Management Act, 1997, in which he is deemed responsible for the performance of functions 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 advisers did not perform their functions as set out in the Public Service Management Act, 1997.

The lack of clarity and confusion regarding the roles of ministers of state within the department led to a failure at ministerial level to take appropriate action on 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".

The Dáil should be allowed access to legal advice on the State's liabilities because TDs are asked to vote for funding to meet those liabilities.

A comprehensive review of health legislation 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.