Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Wards of Court: Discussion

9:00 am

Mr. Conan McKenna:

The audit by the Comptroller and Auditor General is a very live issue with the Committee of Public Accounts. As members will probably know, the Comptroller and Auditor General legislation specifically bars the Comptroller and Auditor General from auditing court funds in this particular area. All I can say about that at the moment is that we have brought together the stakeholders, including the Courts Service, the offices of the Attorney General and the Comptroller and Auditor General and the Department of Public Expenditure and Reform. While there seems to be no serious policy objection around the table in regard to the Comptroller and Auditor General becoming an auditor for these funds, there are logistical matters that the Office of the Comptroller and Auditor General itself will have to examine, but we are awaiting a view from the Attorney General as to whether the Comptroller and Auditor General can constitutionally and legally become involved in this area. As the Chairman mentioned, the Comptroller and Auditor General's remit is very specifically rooted in the Constitution and relates to oversight of funds and moneys that are the subject of Oireachtas Votes. The funds in question are private funds held in trust by the High Court on behalf of the wards. Nobody is saying that what was suggested cannot be done, but we cannot move forward until we get a definitive view from the Attorney General as to whether it is possible. We expect that very soon.

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