Oireachtas Joint and Select Committees

Thursday, 9 November 2023

Public Accounts Committee

Business of Committee

9:30 am

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail) | Oireachtas source

I share the frustrations of everybody else here on the committee. As I said to RTÉ representatives on the day, this note either backs up their case or it undermines it. Their case is that this meeting, and the key decision to underwrite, was the crux of the entire issue, and who knew what on that. Therefore, for RTÉ not to provide it puts a doubt in our minds that this position is not correct. For RTÉ to provide it to us by the way of a summary that is somehow sense-checked by two legal people, is an affront to the elected members of this committee who have a constitutional obligation and duty. I respect the position of legal privilege but it is only of at least the same value as the democratic responsibilities we have for the protection of public money. I agree with the committee engaging with RTÉ but it cannot be without any prejudice to our right to see that key note that should be made available to us as Members of the Oireachtas. As I say, it is only a matter of backing up or undermining RTÉ's own case. On one second point, the idea that evidence would be made available to us but that we could not in some way consider it in our conclusions, is preposterous. It is akin to telling a jury that it will see a key piece of evidence such as the murder weapon but then is not allowed talk about it. Would you tell the jury members on the O. J. Simpson trial that they can see the glove but that they are not allowed to take it into account in their decision? It is preposterous that evidence could be made available to us and that we would be instructed not to consider it in the formation of the report. I could not stand for that and I do not think any of the members of this committee would.

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