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LAST UPDATE | 31 Jan 2023
TAOISEACH LEO VARADKAR has defended the Government’s “legal strategy” for limiting payouts to nursing home residents for controversial charges and that the plan was “pursued by successive governments”
Varadkar has argued that coverage of the strategy has been misrepresented and related to residents in private nursing homes rather all public residents.
The State defended these cases by residents and their families based “on several grounds, in particular that medical card holders did not have an unqualified entitlement to free private nursing home care”.
Speaking in the Dáil, Varadkar said that he was unaware if he had been asked to sign off on a continuation of the policy while he was Health Minister, but said that he would have.
“I don’t specifically know if I was asked to sign off on it being continued but if I had been asked deputy, I would have,” Varadkar said, in response to Sinn Féin leader Mary Lou McDonald.
“This was a sound policy approach and a legitimate legal strategy by the government at the time.
“All ministers from 2005 onwards at all times acted in good faith, in the public interest, in accordance with official advice and in accordance with legal advice from the Attorney General and that’s exactly how they should act.”
Varadkar said that Health Minister Stephen Donnelly had sought advice from the Attorney General as well as a briefing from Department officials.
He added that the Attorney General would be providing a report for Cabinet next week on the legal strategy, which would be published afterwards.
The Taoiseach also said in the Dáil that, when he was Health Minister between 2014 and 2016, he “must have” been briefed on the Government’s legal strategy.
“I must have been briefed on it, the ministers that went before me and after we were briefed on it, so I must have been as well,” Varadkar said.
He added that he would not know definitively until he receives documentation on the matter.
A spokesperson for the Taoiseach told reporters that this afternoon the Department of Health confirmed that the document referred to in the Irish Daily Mail this morning, which the newspaper said indicated that Varadkar had “signed off” on the strategy, actually referred to previous minister.
Having sought clarification from the department last night, the spokesperson said that this afternoon they got confirmation that the document (which was dated 5 May 2016) “specifically related to a previous minister, it did not relate to Minister Varadkar”.
The message sent from the Department of Health to the Department of the Taoiseach, regarding the document on nursing home charges prepared by the Older Persons Service Oversight and Planning Unit in Health, and sent to an Assistant Secretary in Health on 5 May 2016 reads:
“It is the clear understanding of the Unit that this does not refer to Minister Varadkar, as was, but refers to a previous Minister, as this decision in relation to the range of settlements was apparently made well before his time.”
When reporters asked what minister the document refers, Varadkar’s spokesperson said:
“We don’t know, the Department of Health hasn’t told us, but it wasn’t Minister Varadkar.”
He went on to state that the response from the department said the document made reference to “a former minister” but didn’t specify which minister.
The Journal has asked the Department of Health for clarification.
The Taoiseach’s spokesperson said “successful ministers have stood over the strategy”, adding that the policy has been consistent since Mary Harney was health minister.
The Attorney General is now examining the issue and is due to submit a report to Cabinet next week on the matter.
Opposition parties have called on the Government to release documents relating to an alleged failure to provide payouts to families of people who were illegally charged for nursing home stays from the 1970s until late 2000s.
Varadkar added, under questioning from McDonald, that documentation around the legal strategy will be published when completely assembled.
However, a Dáil debate on nursing home charges controversy is delayed by one week despite calls from some TDs for time to set aside to discuss the matter in the coming days.
It follows a report in the Irish Mail on Sunday that successive governments have allegedly pursued a secret strategy aimed at limiting refunds from the State to individuals who were incorrectly charged for public nursing home care.
The report, based on a protected disclosure by Department of Health whistleblower Shane Corr, alleged that multiple governments have since 2011 sought to hide the State’s liability for the charges to prevent a possible €12 billion in payouts to those affected.
In a statement from the Government last night, a spokesperson said a “limited number of individual cases were settled” and that “no case ever proceeded to a hearing”.
The spokesperson said: “The legal strategy pre-dated July 2011 and was pursued by successive governments.
“It has been misrepresented. The strategy was to defend the cases relating to private nursing homes on several grounds, in particular that medical card holders did not have an unqualified entitlement to free private nursing home care.
“A limited number of individual cases were settled where there were complicating factors. No case ever proceeded to a hearing.
“In the case of public nursing homes, a scheme was put in place and €480 million was paid to former residents or their families. Minister Donnelly has sought advice from the Attorney General and a detailed briefing from his Department.”
Earlier today, Wexford TD Verona Murphy told The Journal that some families have contacted her following media reports, concerned about the costs they paid for their parents’ care.
She said those families feel “aggrieved and angry” at the discussion of the legal strategy.
“Given the historical nature of this, some of the families are the children of previous residents who may have passed on, and who would have scrimped and saved in order to pay for the care of a nursing home for their mother or father,” she said.
“We all know how expensive nursing homes are, they provide great care and they are expensive.
“And there are situations where people would have had to sell land in order to pay for the nursing home care and people are feeling very aggrieved that that would have happened.”
Murphy and her colleagues in the Regional Independents Group had sought a Dáil debate on the controversy which is set to take place next week.
In the meantime, Murphy said the Oireachtas Public Accounts Committee is to hold a private session among its members to discuss the charges.
“We have a number of previous health ministers in either government or opposition and I think they’re going to have to give an account of what it was that they were aware of.
“We’ve had some of our senior politicians in government yesterday who were very quick to to exonerate themselves from any knowledge of this but I don’t know that that’s credible at this stage.”
Róisín Shortall, co-leader of the Social Democrats, said documents needed to be released on outlining the details of the strategy and who had been briefed on it.
“I noticed that the Taoiseach said yesterday that he wasn’t party to devising or agreeing the legal strategy. And I don’t think that was the allegation that was made.
“Now, that point hasn’t been addressed by the Taoiseach, whether he was briefed on it or not,” she said, “So I think it’s important that we find out what was that briefing.”
Shortall told Morning Ireland on RTÉ Radio One that she was not aware of the strategy from her 18 months spent as a junior minister in the Department of Health.
“The allegation that was made on Sunday was that while the strategy was devised in 2011, though that has also been contested by government, but that the Taoiseach was briefed on it while he was Minister for Health some years later and indeed the subsequent minister Simon Harris.”
Additional reporting by Christina Finn and Tadgh McNally
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Politicians seem to forget their main responsibility is to serve the people. They really are vile people, furthering their own end and those in their circle.
@Brian Morrissey: They could sit in the dail till 3 in the morning and give billions to stop wealthy becoming slightly less wealthy, but do this to working class irish families for 50 bloody years. Raging, absolutely raging.
At Least Leo knew nothing, phew.
Yeah right.
@G Row.: They are stumbling from one scandal to the next like drunken sailors. Lotto size salaries and pensions and still they can’t do their jobs in an honest and transparent manner. That’s what we get for electing failed college students, publicans and farmers to positions of power I guess.
@David Corrigan: Anyone voting for these parties need to take a look at themselves.
Besides the elected ones involved I think the legal boys need to be named publicly.
@G Row.: Leo out on the steps defending the situation. Expect the shills to file into these pages any minute after they get their instructions. Brace yourself.
@David Corrigan: I didn’t vote for them because I have a long memory. A lot off Irish people on the other hand have very short memories and seem to forget about the screwing both, sorry all three (FF FG & Lab) parties gave us over the years and decades. I’m fifty six and when I was 16 I swore I’d never vote for FG or Lab because of their disgraceful budget that would have crippled further those already on their knees.
It’s simply a case of not forgetting rather than a case of trying to remember, when it comes to polling day.
Going to report on the fact that Leo lied claiming he knew nothing, when in actual fact he signed off on it? https://extra.ie/2023/01/31/news/leo-varadkar-secret-nursing-home-payouts
@aaron: I struggle to think of another first world nation where he would not have already resigned. But I do like the medias recent method of holding back the full facts until they have given politicians enough rope. What political party can vote confidence in him after this besides his own, or FF. Alas I repeat myself.
@John O’Reilly: In order countries, people would be on the streets in their thousands if not tens of thousands. We have ourselves to blame for that one, we let them get away with it because we think voting in a pre determined election is peak activism.
I agree, I’m enjoying that, it’s fun watching the government squirm a little
@John O’Reilly: that first world bit was funny
@aaron: of course he did…we all know Leo can’t even lie straight in bed!!
Varadkar didn’t see the document. Howlin and Gilmore have no recollection of it. No doubt Kenny, Harris and McEntee will have similar explanations.
Week after week there is another scandal preventing the government from doing what they are elected to do by getting in the way of critical business. One day we have the leader of government telling us one thing and a few hours later is contradicted on national television.
Cowen, Golfgate, Zapponegate, Leotheleak, Troy, English, Harris, postergate, the list goes on despite the green party stating in 202 that they would be gone at the first sign of a scandal.
I seen a poll of over 3500 people online yesterday with over 95% believing Leo Varadkar lied on the Pat Kenny show yesterday.
When are they actually going to take ownership, hold themselves to account and call an election.
Why aren’t you reporting the REAL story? C’mon thejournal, time to put on the big boy pants and hold power to account. Here’s the mail this morning…. https://twitter.com/gavreilly/status/1620326210550235137/photo/1
@John O’Reilly: I am amazed the comments are even open on this.
Also do you ever notice the silence from a lot of the usual commenters on here when these stories are posted?
@G Row.: They’re probably busy trying to twist this scandal into blaming sinn fein.
@John O’Reilly: No doubt, it seems to be their only answer.
@G Row.: we’ll spotted G notice the same…wonder if FFG have actual Activist’s for media work….they’ve done it before
Of course there was a Strategy!!! Sure they had one, and continue to have one, with the likes of Vicky Phelan, and her Family, over the Cervical Cancer Scandal, as well as Children whose Birth is “Mismanaged”. Why wouldn’t they have one, for something as “Trivial”, as this???
Only now they are asking the attorney general for advice???
@Will Roche: The AG who they appointed
If the State wanted to limit their legal exposure, then they shouldn’t have been illegally charging the residents. There were families who were forced to sell their home to cover the cost of these illegal charges. There are also reports showing residents are being transferred into nursing homes & signed up to Fairdeal unbeknown to them – on the pretext of respite – rehab etc. Then there’s the issue of all the additional charges levied on residents irrespective of whether they avail of services – & being charged for incontinence wear when that is covered under the GMS. The legal strategy is not unique to nursing homes scandal – cervical check, mother & baby homes etc. There was also a legal strategy of defend & deny when concerns were raised about practices that involved environmentally restraining older people admitted to St. Agnes’s in SVUH which involved the nursing directorate, director of QPS, confidential recipient & even Peter Tyndall Ombudsman. None of the patients on that unit had been risk assessed – yet Peter Tyndall stated HIQA told them it were OK to admit older people to locked wards when there was no medical/legal justification for the use of the restraint device.
@Annette McGuckin: Major questions for the Decision Support Service given the investigator who defended older people being unlawfully restrained without even eliciting their views & opinions has done a 360 & is now championing the rights of vulnerable people to be involved in decision-making.
@Annette McGuckin: I were also told by Peter Tyndall that a “balance needs to be struck” on the need for hospitals and healthcare workers to comply with rulings handed down in the High Court & professional standards in relation to the use of restrictive practices in SVUH.
How do you know that Leo is telling fibs? His lips move.
The American government pass down the secrets of Area 51. Ours this.
But really, fixing this, an apology…not really good enough. An example must be made by heads rolling, resignations, others for demotion. That some ministers who knew/know about this hold certain powerful offices that l lecture us make it even more ironic. Considering all: Election.
These government scandals are unfortunately becoming like American shootings. They’re so frequent that we just scroll past now instead of stopping and actually absorbing what has happened.
How many of the patients/families were informed that the restrictive practices on St. Agnes’s did not reflect best practice, there was no legal justification for the use of the restraint device on the exit doors & for admitting any older person to the locked ward?
Time for a revolution..
A number of cases where settled and no cases went to a hearing. No of course not because they were settled and therefore there where no hearing’s. So a non argument.
I don’t care what anyone says. You might think there are some good politicians. They’re all the bloody same, sick, twisted, corrupt. You name it. This is a disgraceful act and I hope whoever uncovered it doesn’t let it lie
@Declan Moran: you don’t care it’s your way or the highway.
@Declan Moran: Zelensky too
@Margaret Mcgarry: Not sure what you’re getting at. I’m merely saying most of them can’t be trusted. Countless scandals have proven it.
@Declan Moran: Margaret is a head case Declan just ignore!
From the magic money tree.
Acting in good faith because former governments ,FF or FG where always present,
did the same ,still could be breaking the law.
Hang on. He couldn’t remember it yesterday. Has he been checked?
Of course he will defend it. He hasn’t been affected and must protect “the establishment “.
Mad he defending a policy he claims he knew nothing about up until today, when he suddenly remembered he must of been briefed. The lies just come so easy
I’m missing something unless I’m reading it wrong
Are people complaining that their family were in private nursing homes and they had to pay for it and it should have been free.
Well the facts speak for themselves here, we as a nation are been talking for mugs and this will continue to be the case as long as people keep voting for these inept people , I’m pretty sure this is only the tip of the iceberg
I worry for Leo, his memory is getting worse every time he has to remember something, it’s a kind of selective amnesia, a rampant disease from the corridors of power, its not fatal and it doesn’t require 48hrs on a trolly ur GP can give u a script if u can get an appointment and the pharmacy will relieve u of a few euro, if u let it go untreated u may go senile and end up in a Nursing home, those Nursing homes are great crack, they have a rec room with a big TV where u can sit all day and watch Mass or Daniel O Donnell or some of ur fellow patients going out of their mind, u can lie on the floor in the shower and be there all day without anyone noticing that ur missing, ul be slightly bruised after the fall but ul be grand, if ur on warfin u cud bleed to death a few days later like my Ma
John Delaney of Politics , Good Luck
Really….really you are not fooling anyone. This chap can’t even lie straight in bed!!
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