Brian Stanley (Laois-Offaly, Sinn Fein) | Oireachtas source

The Deputy had two questions. We will look for information from the Department regarding how much was put forward and spent on helicopters, as well as the spend thus far on the DART interconnector.

The next item under category B is No. R0698, correspondence dated 25 June 2021 from Mr. Robert Watt, Secretary General of the Department of Health, providing information requested by the committee on the co-ordination of resources by Departments to defend special educational needs litigation. This issue was referred to in previous correspondence from the Department, No. R0551, dated 29 April. The Secretary General reiterates in the latest correspondence that "the Department of Health did not gather sensitive medical and educational information on children involved in court cases in the manner portrayed" in a television programme broadcast on 25 March.

Mr. Watt also provides a report, published in April, that sought to establish the facts regarding special education litigation in the light of certain allegations made in that programme. It states:

Given the complexities of the "SENS" litigation, the time necessary to either settle or defend these cases, and in recognition that the plaintiffs require coordinated responses in education and health, it was agreed a number of years ago between senior management in the Department of Education, the Department of Health, and the HSE, that valuable and limited State resources should be concentrated on resolving the cases, where it possible to do so.

The report goes on to say:

Should the State parties not act in coordination, it would not be possible to either provide a resolution to the plaintiff that is appropriate and complete, or otherwise, where necessary, to defend proceedings in a proper fashion. This also ensures a consistent approach and that applicants in similar positions are treated in similar fashion and limits the possibility of some plaintiffs being treated more favourably than others, due to lack of knowledge as to how other plaintiffs in similar circumstances have had their cases dealt with.

The proposed action is to note and publish this correspondence. Deputy Carthy has flagged it but he has not yet returned from the meeting of the agriculture committee. I propose that we note and publish the correspondence.

The next category is C, which is correspondence from, and related to, private individuals, and any other correspondence. Item No. R0669, dated 23 June 2021, is correspondence from an individual in regard to a protected disclosure made to Tusla. The correspondent made the disclosure but his correspondence is more concerned with the process involved, which the correspondent feels is deeply flawed. He states that, like many others, he was forced into a settlement agreement as a consequence of having no available legal representation afforded to him by the State. We have received a significant number of requests for assistance from individuals who have made disclosures and been unhappy with the process. We have sought information on protected disclosures from all Departments recently.

The proposed action in regard to this item of correspondence is to request the correspondent to consent to forward it to the Joint Committee on Finance, Public Expenditure and Reform, and Taoiseach, which is currently undertaking pre-legislative scrutiny of the protected disclosures (amendment) Bill 2021. The joint committee will have the opportunity to make recommendations on the draft legislation. In that regard, the secretariat of this committee has circulated a draft submission from us to the joint committee highlighting some of the concerns raised by members in regard to protected disclosures. I propose that we include this correspondence in our submission to the joint committee. Deputy Munster raised this correspondence for discussion. Is the proposal agreed to?