Oireachtas Joint and Select Committees

Friday, 15 July 2016

Public Accounts Committee

HSE Financial Statement 2015

10:00 am

Ms Anne O'Connor:

I received the report finalised on 14 April. I had to read it and get legal advice. That was the first thing I had to do. I started engagement with Mr. Kelly on 26 April on foot of that advice. Then there was a series of correspondence between me and Mr. Kelly, so I wrote on 26 April and he replied on 10 May. There were letters over and back throughout the end of April, May and into June. The concern for us at that time was that at any point, this process could have been injuncted. The report could have been injuncted up until this week. Legally, we had to be careful. We had to put a lot of work into this and in terms of the responses being received from Mr. Kelly, we were being threatened with legal action. That process continued until the most recent letter I received from Mr. Kelly was on 22 June and the programme aired on 23 June. There was a series of engagements with Mr. Kelly from the time I received the report, basically advising him that I was very concerned that there appeared to be a breach of the arrangement we had with Console and ultimately stating the HSE had the right, therefore, to cease funding and, if necessary, to seek repayment of funds used for purposes not agreed by the HSE. That was the tenor of the conversation. The responses from Mr. Kelly were not satisfactory at any point during that process.

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