Seán Fleming (Laois, Fianna Fail) | Oireachtas source

The Deputy should switch it to aeroplane mode in any event. That is as much as I know.

This afternoon we are dealing with matters relating to the appearance of witnesses from the Health Service Executive, HSE, before the Committee of Public Accounts on 2 February 2016. At our meeting two weeks ago, certain matters were raised relating to Grace, the case of abuse that was the focus of RTE's "This Week" programme of 5 March 2017. These matters apparently conflict with evidence given by the HSE to the Committee of Public Accounts on 2 February 2016. The committee has asked the HSE to correct the record, if necessary, and to explain the reason for the apparent conflict arising from the programme. I am glad a delegation from the HSE has joined us today to do so and Mr. O'Brien is welcome.

This is not an opportunity to reopen consideration of all matters discussed on that occasion. I have received a copy of the statement proposed to be made and I am satisfied that it confines itself to the purpose of the meeting. Having regard to the fact that a commission of investigation has been established by the Oireachtas, the Grace case must be regarded as sub judiceand is effectively under a judge to examine at this point. I repeat that we are not here to reopen the Grace case and the Oireachtas has established a commission of investigation to deal with it. We are not a parallel commission of inquiry or examination of the Grace case. I must be very clear about that. It would not be in order to go beyond the very limited purposes of this session and put forward questions to witnesses, except to the extent to which they relate directly to the statement made and they are clearly necessary in order to clarify the context of today's statement. In these circumstances it is my responsibility, as Chairman, to seek to ensure that questions asked are consistent with the purpose of the meeting, genuinely seeking clarification, and do not in any material way otherwise encroach or impinge upon the functions of a commission of investigation. Accordingly, I expect members who may wish to ask questions to clearly identify the part of the statement from last year to which the question relates and the reason they believe clarification is necessary.

Before going any further I welcome Mr. Tony O'Brien, director general of the HSE, who is here along with Mr. Ray Mitchell and Mr. Dara Purcell. I thank them for coming and I acknowledge that a commission of investigation has been established. They may have been within their rights not to come in view of the fact that the Oireachtas has established that commission of investigation. We appreciate them coming before the Committee of Public Accounts to deal with matters raised at a previous meeting.

I advise witnesses that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to this committee. If they are directed by the committee to cease giving evidence on a particular matter and they continue to so do, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and they are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise nor make charges against any person, persons or entity, by name or in such a way as to make him, her or it identifiable. Members are reminded of the provisions in Standing Order 186 that the committee shall also refrain from inquiring into the merits of a policy or policies of the Government or a Minister of the Government or the merits of the objectives of such policies. Finally, members are reminded of the long-standing ruling of the Chair to the effect that members should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable.

Before asking Mr. O'Brien to make his opening statement, I should indicate that the sequence for questions will be Deputy Cullinane, Deputy Catherine Murphy, Deputy Madigan and then Deputy Connolly. I will confine each Deputy to a ten-minute slot because it is not fair on other members if people go on at length. If questions are not covered in the slot, there will be another opportunity to come back in. I will be rigid on that time limit today.