Special advisor admits mistake in illegal charges hearing

Former Health Minister Micheál 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 Tánaiste 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.

“The alarm bells would have started ringing when the definitive legal advice came back from the Attorney General,” said Ms Gilhane.

She agreed with the findings of the Travers Report that the advisors should have probed the issue more after the December 2003 meeting.

“We’ve taken that criticism,” she said.

But she pointed out that neither the advisors nor Mr Martin was present at discussions on the charges between department officials and the SEHB between March and December 2003.

Ms Gilhane defined the role of a special advisor as “liaising with civil servants to assist the minister in implementing government policy.”

There was daily contact with the minister and lengthy discussions were held a few times a week.

Mr Mannion said he was a civil servant for 30 years and wasn’t a member of Fianna Fáil or any other political party.

Ms Gilhane said she had “affiliations to Micheal Martin and Fianna Fáil“.

Both are now employed in Mr Martin’s new ministry in the Department of Enterprise, Trade and Employment.

Ms Gilhane said she took annual leave to assist Mr Martin with constituency work during the 2002 General Election.

Mr Mannion said he had no involvement with the election and continued working in the Health department.

Both disagreed with department’s secretary general Michael Kelly who claimed to the committee last week that special advisors had too much authority within the department.

He asked: “If these advisors are not there to alert a minister to something as significant as this, why are they there?”

He told committee members: “It has become commonplace for decisions or directions by ministers to be conveyed through advisors. In my own experience this position pertained to significant policy issues in the Department of Health and Children up to very recently.

But both advisors said todaythat they were never told of Mr Kelly’s concerns.

Ms Gilhane: “At no stage was I approached by anybody to say I had gone outside my role.”

The committee has already heard from senior and junior ministers and civil servants in relation to the illegal nursing charges issue, which could cost the state up to 2bn euro to refund 300,000 families.

Hearings are due to continue next week before a report is compiled by the Committee on Administration and Management in the Health Department which will be submitted to the Government.