Oireachtas Joint and Select Committees

Thursday, 18 October 2018

Public Accounts Committee

HEA Financial Statements 2017

9:00 am

Dr. Graham Love:

I thank the Deputy. I will take the three questions questions.

I share the frustration felt. There has been a lot of time spent on this issue. I make it clear that there has been a spotlight on it and the frustration is palpable on our side of the table also. It is our intention that a report will be published. This is a statement of principle and objective.

The Deputy asked how many people had engaged in the review process with Mr. McLoone. More than 50 came forward, more than we had expected at the time. We were surprised at the number.

The third question - probably the more important - was about the status of the report. It is almost one year on, which is intolerable and deeply frustrating for us. As I said in my earlier update, I must be careful in what I say, but I must give enough information to satisfy the committee. We have run into very significant legal challenges or problems with the report, including a very considered statement that, effectively, I would be exposing the HEA to a significant risk of litigation and damages.

We went further than that where we produced a modified version where major risks were considered to be present. We got a senior counsel opinion on this, who went as far as to say that we were not necessarily empowered to be doing this. We engaged extensively with the Department and understand it is with the Department and has gone all of the way to the Attorney General and we are waiting for that to come back. This is quite significant but it is important, given the nature of this to be upfront about that.

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