AG can’t say if he reviewed ‘problem’ files

THE Mail on Sunday asked Taoiseach Leo Varadkar and Attorney General Rossa Fanning if they had reviewed the ‘problematic documents’ relating to the State’s controversial litigation strategy.

According to files revealed by this newspaper in recent weeks, these documents relate to the introduction of a subvention scheme in 1993 in which some families of people who were illegally overcharged for nursing home fees received funding back from the State. These were identified in a 2012 briefing update – for then health minister James Reilly – which warned they ‘may ultimately have to be released in the absence of a decision to settle the cases’.

Asked if the Taoiseach or AG had read or reviewed the ‘problematic documents’, a Government spokesman said, ‘There are many documents, edits and draft documents in the Department of Health and a false impression can be drawn by looking at them or quoting from them selectively. It cannot give a full and accurate picture. The report of the Attorney General was a high-level review prepared in a short timespan which sought to consider the legitimacy of the legal strategy adopted by the State in defending these cases. As the report makes clear, while there was risk in defending the cases and while the State elected to settle certain cases, there was at all times advice on file that the State had viable legal defences to the litigation. The Department of Health is at present considering the matter in light of the report of the Attorney General.’

As this didn’t answer the question asked, the MoS contacted the AG directly yesterday.

After he agreed to hear what our question was Mr Fanning told the MoS: ‘I can’t answer questions from newspapers about a report I did for the Government.

I’m answerable to the Government, not to the media.’