Marc MacSharry (Sligo-Leitrim, Fianna Fail) | Oireachtas source

Mr. Ó Foghlú might do that. I have written to him about it specifically, and to the Minister also to answer this question - it was not for consideration here today - and the reply to me was that the matter was not one for the Department, it was for the ETBs. This exposes the State to costs, aside from also exposing individual teachers to costs if they lose. Mr. Ó Foghlú might come back to me on that because I believe the legal status of circulars with guidelines around these matters to be very important. Despite what Mr. Ó Foghlú says, it appears that the courts see the circulars as discretional but the Department sees them as something that has to be followed. In reality - to the objective bystander - it would appear to be discretional when it is not allowing the house to win and it is not discretional when the house is in danger of losing. I would like Ó Foghlú to look at this point.

I will mix and match my queries between SOLAS and the Department. While the Department officials consider that matter, I will ask the SOLAS representatives about the rules that govern payment of fees to board members. The witnesses are aware that the one person-one salary rules came in during November 2011. Are these rules followed to the letter of the law?