Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

I agree with the point made that our talking about this issue in a very cold way in relation to the finances is at odds with the nature of the issue at hand, but that is what is in front of us. Every one of us accepts that there was a spectacular underestimation of the liability or the extent of the problem.

The extent of the problem has produced a liability. Deputy Catherine Connolly talked about a deferential approach. It seems that the Department was negotiating with orders which had a far better understanding of the potential extent of the problem. While the indemnity was given in 2002, the extent of the problem was in full view by 2009. It strikes me as very strange that when an offer was made, despite the indemnity being given, that it was not included in a firm contract. Given the almost grudging - that is the best word that comes to me - fulfilment of the commitment under the indemnity agreement between 2002 and 2009, surely it should have alerted the Department of Education and Skills to the need to put it firmly on a contractual basis, at the very least?