Seán Fleming (Laois, Fianna Fail) | Oireachtas source

We will publish it and hold over discussion until the next meeting. We will place it in the public arena, rather than sitting on it, in order that people can see the significant costs involved.

No. 1703B is from Mr. Paul Dunne, CEO of the Local Government Management Agency, LGMA, dated 2 November 2018 in respect of a request from the committee for a copy of a report arising from a value for money review of Irish Public Bodies, IPB, insurance. Mr. Dunne advises that the report is subject to a non-disclosure agreement between the LGMA, Irish Public Bodies and PricewaterhouseCoopers, PwC, dated 2 September 2015. Mr Dunne has written to IPB and PwC to request their consent for the LGMA to release the report to the committee and is waiting for a response. It is important to point out that this was a report on insurance claims. It became clear during our discussion with the State Claims Agency that the section 38 organisations come under the State Claims Agency and account for between €3 billion and €4 billion of activity each year. I asked whether the local authorities could come within the remit of the State Claims Agency. The local authorities currently obtain cover through IPB insurance and we asked for a copy of the value for money report. We have been told it is very difficult to obtain a copy. In addition, Mr. Dunne of the LGMA confirms that "there are currently legal proceedings in being in relation to the release of the Report bearing Reference - High Court Record No. 2017 /321MCA." In addition, he notes that the case "is an appeal by IPB of a decision of the Information Commissioner with regard to the release of the Report under the Freedom of Information Act, 2014."

The Information Commissioner has said that this is to be released but Irish Public Bodies has gone to the High Court to prevent it. As Chairman of the Committee of Public Accounts, I will watch this closely but the proper procedure is that, if the report has been carried out on the question of public bodies, which are funded substantially by a Vote of the Oireachtas even if they are not directly accountable to this Oireachtas, having insurance policies for claims made against them by members of the public, it should be published. It is very disappointing to hear that Irish Public Bodies is going to the High Court to prevent such an important report being published when the Information Commissioner has said it should be published. We will come back to this because there is a big insurance issue here. We are also dealing with matters relating to the State Claims Agency. Claims to local authorities might not specifically be under our remit but they are in the same space as far as the public are concerned. It is disappointing that IPB is trying to block the release of this report.