Oireachtas Joint and Select Committees
Thursday, 21 March 2013
Public Accounts Committee
2011 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Vote 13 - Office of the Chief State Solicitor
Vote 19 - Justice and Equality
Chapter 15: Lease of Accommodation for a Probation Service Project
10:30 am
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Before I call on Deputy Donohoe I wish to make a comment. On Ms Creedon's comment on chapter 15, the committee has taken legal advice from the parliamentary legal adviser and our advice is that the matter is properly before the committee and therefore in accordance with Standing Order 163 of Dáil Éireann and the mandate given to the committee that it is up to us to examine the reports of the Comptroller and Auditor General with the Accounting Officer. In this case, as outlined in the report of the Comptroller and Auditor General, the committee must examine how the State has entered a lease, paid out €2 million to date and yet has derived no benefit from the expenditure. Our job is to follow this by way of examination with the Accounting Officer as there is ineffective expenditure of public money. This is our job and we would be failing in our mandate if we did not thoroughly examine the issue.
An examination of the issue potentially in a number of years' time is not an option for the committee. My understanding from reading the Comptroller and Auditor General's report is that the State has tried to get out of the lease and that this has been refused. There is a potential bill to the State of between €4 million to €5 million. The likelihood of a court case does not mean that the PAC cannot deal with the issue today. I refer again to the legal advice given to us by the parliamentary legal adviser. I also note from Mr. Purcell's opening remarks that he is prepared, within the constraints outlined, to answer as many questions as he can. Understanding the balance that has to be struck between the position of the office and its dealings with the landlord and the work this committee has to undertake, it is our intention this morning to pursue the matter in public session.