Oireachtas Joint and Select Committees

Tuesday, 2 February 2016

Public Accounts Committee

HSE Report on Foster Home in Waterford Community Care Area: Discussion

12:00 pm

Mr. Tony O'Brien:

I know the Deputy believes - he has said this to me before - that we are hiding behind either the Conal Devine report or our inability to publish it. If the committee has any doubt that I am not in a position to publish and proceed, it is able to take its own legal advice. I imagine and am certain it would be advised in the same way that I am advised, that is, that I cannot use that report in any way until I am cleared by An Garda Síochána to publish it. If I were to do so, I would be prejudicing an ongoing criminal investigation, which I do not have the right to do. If one had an unfettered ability to rewrite the law book, one might do things differently. In the case of Áras Attracta, for example, where there are currently prosecutions, the same issue applies.

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