The Oireachtas Committee on Health has written to the Taoiseach asking him to release copies of three pieces of legal advice provided by the office of the Attorney General in relation to nursing home charges.
Minister for Justice Michael McDowell earlier this week declined to appear before the committee to discuss legal advice which he provided to the Department of Health while serving as attorney general.
Fine Gael health spokesman Dr Liam Twomey last night told The Irish Times that the Government could waive the legal privilege surrounding advice provided by the Attorney General. It was understandable that the Government would not release advice in areas where court cases were pending. However that was not the case with the material being sought by the committee.
It is understood the committee is looking for legal advice provided by the Attorney General in relation to a report drawn up by the ombudsman in 2000, on the Act in 2001 that gave medical cards to everyone over 70 regardless of means, and on aspects of legislation introduced last year which sought to make legal on a retrospective basis the charges levied on nursing home patients.
Meanwhile the Labour Party said last night that an internal e-mail which was released by the Department of Health to the committee yesterday strengthened the claim made by former secretary general of the department Michael Kelly that a file on the nursing home charges had been sent to the office of the former minister Micheál Martin.
The e-mail released yesterday is a copy of a submission made by an official in the Department of Health who indicated that she had seen the controversial file in the Minister's outer office.
