Oireachtas Joint and Select Committees

Thursday, 12 July 2018

Public Accounts Committee

2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 23: Accounts of the National Treasury Management Agency
National Treasury Management Agency: Financial Statements 2017

9:00 am

Photo of Alan KellyAlan Kelly (Tipperary, Labour) | Oireachtas source

I know Mr. Breen knows where I am going with this. I have been contacted by the solicitor of a family of one of the women who, unfortunately, passed away and who was one of the group of 221 women. I am sorry to have to read this off my phone but I did not get a chance to print it out because I came in here straightaway. They submitted an FOI request to the NTMA, which was really to the State Claims Agency, for the immediate release of all documents of any nature held by the State Claims Agency, its servants and agents regarding the late Ms X - obviously, I will not say the name. The request was refused. I might remind Mr. Breen what the Taoiseach said in the Dáil regarding non-co-operation and I hope there are civil servants watching this who will relay it back to the Taoiseach wherever he is in Ireland or the world. How in the name of God when the family of one of the women who, unfortunately, passed away because of this scandal, looks for all their information from a State agency, which is handling the claims, can that agency say it will not give over the information it has on that woman but still say it is co-operating fully with all family requests and all requests for information?

I am shocked by this. That is why I raised concerns earlier regarding getting transparency when the Dáil and the committees are closed down for the summer. It is beyond my comprehension how the head of freedom of information in the NTMA, through the State Claims Agency, can turn down this request for documents from the family of a woman who is deceased as a result of this scandal.

Mr. Breen and his colleagues may hide behind FOI legislation, etc. That is find but I imagine that, somewhere along the line, a person went up the line - through the NTMA and all the way to the Department - and said that the organisation had a moral duty to supply this information. I am sure Mr. Breen will tell me he did that. I am sure he will not tell me that he hid behind the fact that, possibly, under a technicality relating to the provisions of the FOI legislation, the agency does not have to give out the information.

That would run counter to everything the Taoiseach told Mr. Breen and everyone else involved to do. It would also run counter to the fact that we have the State Claims Agency saying that all cases will be mediated and dealt with as quickly as possible and in the best way the organisation can manage. I take Mr. Breen at his word on that. To be fair, when he is before the committee, he provides good information, although sometimes we have to ask the questions. In any event, not giving out this information runs counter to all of that. It runs counter to the morality of the situation in the sense that these people are entitled to it. The entire country is watching. The Taoiseach and the Minister for Health have said that all this information should be provided and that there will be a serious problem for anyone who does not co-operate. Why has this family not been given this information to which it is entitled?

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