Oireachtas Joint and Select Committees

Thursday, 20 June 2013

Public Accounts Committee

2009 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 37 - SKILL Programme (Resumed)
2010 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 41 - Partnership Arrangements in the Health Service
Special Report No. 80 of the Comptroller and Auditor General: Administration of National Health and Local Authority Levy Fund

1:10 pm

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

Therefore, on that basis, how can Mr. Merrigan and Mr. Kelly - the former in particular - stand behind stating they are entitled as trustees? Is Mr. Merrigan actually a trustee at all? He appears to be going behind the structure that applies within the normal levy funds within the union system, which is set up by the branch members under standing orders as set down by the union. However, what has been set up here concerns two individuals, who opened a bank account with no legal structure in place of any description, yet who appear to be relying on legal protection as though it was a trust and as though they were trustees. As far as I can ascertain, they do not satisfy that criterion. Did SIPTU seek counsel? Mr. Merrigan is an employee of SIPTU and, legally, it was perfectly entitled to obtain it. As far as I am concerned, SIPTU owned that Grant Thornton report, not Mr. Merrigan, because he does not have the structure in place, in respect of being a trustee, to rely on that protection.

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