Oireachtas Joint and Select Committees

Wednesday, 11 October 2017

Joint Oireachtas Committee on Justice, Defence and Equality

Wards of Court: Discussion

9:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I would like to make a couple of points. I recognise Senator Black's closing remarks. Despite some of the welcome utterances from the witnesses who have attended this second session, there is still a bridge to be built and there are still questions to be answered. Ms Hurley mentioned in her opening statement that the process of issuing annual statements is now under way. While this is welcome, it is very late in the day. That has been acknowledged and Ms Hurley has explained why it is the case. I do not know why ructions would not have been raised regarding the under-resourcing of the Courts Service in this regard. If action had been taken, these statements could have been issued years ago. If I was in the same position, I would have been knocking on the door. This is the absolute right of the committees, as Ms Hurley referred to them, and the families and interests of each of the respective wards of court. This is welcome, even if it is late in the day, and I hope it will continue.

Ms Hurley referred to "the provision of annual financial statements to each ward ... in all cases where committees request information". When Ms Farrell spoke during the first session about seeking information in certain situations, as I took notes my sense was that it is almost like having to ask Ministers questions in the Dáil Chamber. Deputy Daly reflected on this too. The common denominator is the receipt of minimalist responses. Ms Hurley suggested in her opening remarks that "comprehensive financial information" is issued in response to requests for information from committees. It is clear that there is a significant gap between the two experiences. Having met Ms Farrell and others previously, I have no doubt that she was reflecting her experience and that of others. I do not think what Ms Hurley has said stands up. Although "comprehensive financial information" may be provided in some cases, that is not the situation that applies across the board and in the experience of all concerned. I suggest it is far from the experience that was represented here this morning.

In the period up to 30 September 2015, approximately 19,500 people were beneficiaries under the Courts Service fund management service. I understand that approximately 2,700 of them were wards of court at that time. There was overall investment of €1.53 billion, with €1.05 billion being the value of funds under the wards of court nest, for want of a better description. The Courts Service has advised that during the period from April 2007 to February 2009, there was an aggregate net realised gain of €554,957 from sales out of the spectrum growth fund. Do those figures sound correct to Mr. Quigley?

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