The Taoiseach and his Ministers are accountable to the electorate for the illegal deduction of monies from old age pensioners in this State.
The departure of Michael Kelly from his position as secretary general of the Department of Health is a necessary response to the findings of the Travers report, which it was found necessary to publish with qualified privilege yesterday.
But the Constitution and the law, however, determine that it is the Minister for Health and his Ministers of State who have ultimate responsibility for what goes on within the Department. The concept of "corporation sole" makes that clear.
Taoiseach Bertie Ahern told the Dáil that because health boards had deducted money in questionable circumstances since 1976, disciplinary action was not justified against serving ministers. That is a self-serving excuse.
As outlined on a number of occasions by the Ombudsman, the situation changed dramatically in 2001 when this Government placed medical cards on a statutory basis. After that time, doubt about the legality of the deductions was effectively swept away. Where challenged, the practice was immediately stopped.
The Travers report did not find a smoking gun when it investigated the activities and knowledge of the former minister for health, Micheál Martin. There is nothing surprising in that. Circumstantial evidence did, however, point to Mr Martin's awareness of a serious problem. His junior ministers knew there was a problem and did nothing. The report concluded, rather limply, that there were shortcomings at a political level. But it concentrated on administrative failures.
From the beginning, this inquiry was designed to protect the political reputation of the Tánaiste and Minister for Health and her predecessors. Long before it was completed, Mary Harney condemned what she described as "systematic maladministration" within her new Department. And she conspicuously failed to defend the behaviour of her predecessor. The report has also deflected attention from her own political misjudgment. After all, it was Ms Harney who introduced a Bill that sought to retrospectively legalise the confiscation of pensioners' funds. That action, more than any other, brought the controversy to the boil and caused the Supreme Court to strike down the legislation.
Political accountability lies at the heart of a functioning democracy. Without it, there is little discipline and even less public confidence. For too long, a near-vacuum has existed in this area. It allowed corrupt ministers to mingle comfortably with the unwise and the merely incompetent. That should not be tolerated today.
The Taoiseach should give a lead in the matter. There will be heated debate on the findings of the Travers report in the run-up to tomorrow's byelections. But, at the end of the day, it will be the taxpayer who will pay for the bad stewardship of others.