Oireachtas Joint and Select Committees

Thursday, 27 November 2014

Public Accounts Committee

Business of Committee

10:10 am

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

Yesterday, at a meeting of various Chairmen of committees in this House, I raised that issue and asked that the legal section in this House would carry out an overview of the legislation, which is related to the case before us and the whistleblower. In the case of Mr. Ryan, I do not think it is clearly understood what the legislation has brought about. It has left him using legislation under which he thought he was covered. The legal adviser to the House that passed the legislation tells us he is not covered under it. It is unfair to Mr. Ryan to have a standoff between the respective legal advisers. Clarity should be obtained by this House. The submission has been made to the Committee of Public Accounts. I support the idea of asking the parliamentary legal adviser to seek a second opinion on both sets of legal advice. Having regard to the overall work of the House, there appears to be a stand off at almost every turn on legal advice being sought and given and the direction that committees are being asked to take. I understand we have to protect the committee and the House, but we also have to do our work. It appears to me that we are being tied up in a legal tangle that does not allow the work within the remit of this committee to flow as freely as it should. It will also impact on other committees. We have to seek clarification. We should get another view on this and a view from the Attorney General on the legislation itself. The committees in the House have to be allowed to do their work. We have to be allowed to progress within the set limits. However, we need clarification when things like this happen. I am deeply concerned about the direction in which committees are going, and the interpretation of law in this case.

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