Seán Sherlock (Cork East, Labour) | Oireachtas source

I wish to tease out the reasons for the Minister's decision. We have all received most of the freedom of information legislation material based on the work of Justine McCarthy of RTÉ. I also have correspondence dated 17 November 2017. The report was received in February 2017, almost a full two years ago. I am reluctant to name people, but there is correspondence from the chairperson of the board to a senior person in the Department which states the board's view remained that it was not legally safe to place the report in the public domain and that it could see no basis for deviating from the position or distinguishing between different types of publication. I understand some of the reason for the use of the phrase "legally safe" on the basis that, in giving it to certain stakeholders, it could be deemed to be legally published. However, I am confused and worried about the Minister's submission, in which she stated:

When I was last here I advised the committee that the board of management of Oberstown had decided that it was not safe to publish the report on that review. This decision was based on a careful and lengthy process of deliberation, including the commissioning of independent legal advice.

The board has its own independent legal advice, while the Minister has the advice of the Attorney General. Is there a conflict between the advice of the Attorney General and the board's legal advice on whether the Minister could or could not safely publish the report?