Oireachtas Joint and Select Committees

Thursday, 30 January 2014

Public Accounts Committee

Business of Committee

10:20 am

Clerk to the Committee:

Given that we advised the whistleblower to take legal advice to ensure his protection as much as possible, it suggests to me that there is a danger in a transcript being out there. If he inadvertently mentioned something in respect of which he was not protected, he could be exposed. If there is a transcript, the line between public and private gets a bit blurred. We have told him that, if the meeting was in public session, absolute privilege would protect him from charges of defamation in respect of the information he provided, but it would not protect him if he told us how he procured the documents. He could be accused of doing something that he should not have. We are trying to protect the witness at all times.

There will be an audio recording of the meeting. This is for the protection of the committee and the witness in case an issue arises subsequently. However, we would be blurring the lines between private and public if a transcript could be made available afterwards. This is the advice that I have been given.