Shane Ross (Dublin South, Independent) | Oireachtas source

I tend to agree with Deputy Eoghan Murphy. The relevant paragraph is No. 4 on page 2 where it states the Committee on Procedure and Privileges wishes to know the proceedings and under which Standing Order we intend to pursue the issue, having regard to the fact that Rehab is not audited by the Comptroller and Auditor General. This appears to be camouflage. What is intended is giving us a refusal by another name. The requirement for more detail is simply a challenge to us to provide more stuff and, in due course, it will refuse on either legal or spurious grounds. This is a very strong challenge to the Committee of Public Accounts. In fact, it is probably an attempt to nobble it and see to it that we do not seek or have compellability under any circumstance.

The clerk will correct me, but we first looked for this in February with SIPTU. It is now June but we have got absolutely nowhere and there has been delay after delay.

I think the Committee on Procedure and Privileges got a legal opinion on this matter, but I am not sure, which it has not shared with us. In fact it has not even given us an indication that it got a legal opinion. It appears that it has been legally advised and is coming back now with demands for more detail, which are not necessarily required as far as I can see under Standing Orders or the Act.

I do not know when the CPP will hold its next meeting but it does not hold them very frequently. However, the CPP is politically controlled and I think this is a challenge to the Committee of Public Accounts. It looks like we are going to be refused compellability under any circumstances whatsoever, which is a serious situation for us. We are not looking like we are going to get compellability any time in the near future. It is to be presumed the CPP is being advised by lawyers and we are not having that advice shared with us. We are being deliberately frustrated and I suggest that we, in turn, get legal advice, and I think we have a budget for that, to see what we are entitled to and what are our rights under Standing Orders and legislation to push for compellability. Otherwise we are going to be frustrated by the CPP. We were frustrated when we wanted to get a tape of the whistleblowers and we are now in a situation where our investigations are being frustrated again. We need to get independent legal advice to see whether the CPP or we are on the right track. We should make it quite clear that we do not intend simply to buckle under and say we have a challenge and we are not going to pursue it any further. It is imperative we get the information that we are entitled to compellability and that we do not meet a brick wall every time we look to investigate matters like this.