Seán Fleming (Laois, Fianna Fail)
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Thank you. You can bring it back then. The next item is No. 35C, a further item of correspondence from an individual, the origin of which relates to an alleged wrongdoing by Horse Racing Ireland. As I mentioned at our meeting two weeks ago, the individual has been in regular contact with the previous Committee of Public Accounts, several Departments, Deputies and gardaí over the years. Given that the correspondence is lengthy and requires some consideration on whether and how to proceed further with it, I propose we hold it off until our September meeting.

The next item is No. 36C, a letter from an individual regarding an Aosdána grant to a particular artist. This relates to art policy and is not within the remit of the committee. I propose to respond to the correspondent informing him of this and directing him to the relevant Government Department.

No. 37C is documentation received from a public official under the Protected Disclosures Act 2014. The clerk has referred the matter for legal advice as to whether the issue is covered by the protected disclosures legislation which was put in place to provide a safety net for whistleblowers who could outline concerns to Oireachtas Members and committees, if necessary. I want to ensure the spirit of legislation is fully complied with, and that anyone who sends us a protected disclosure can be assured it will be thoroughly examined. To this end, I propose we defer consideration of the issue and, at our next meeting, we set time aside to get an oral briefing, possibly from the Office of the Parliamentary Legal Adviser.

I express sincere concern on how the Oireachtas, of which we are individual Members, deals with situations in which a member of the public or an official sends in a matter which he or she believes to be a protected disclosure which should be dealt with under the Protected Disclosures Act. The Minister is adamant that there is a presumption that protected disclosures fall within the Act. I am concerned that a procedure is being implemented in the House that every disclosure that is sent in by somebody who believes it to be a protected disclosure is, in the first instance, sent to the parliamentary legal advisory section of the House before it is brought to the relevant committee. I am concerned that the parliamentary legal advisory service is looking for loopholes which will allow it not to include disclosures as protected disclosures, despite the purpose of the legislation.

I want the spirit of the legislation implemented, not for people to find legal loopholes. There is no point in the Oireachtas passing such legislation while the Oireachtas itself is trying to frustrate genuine, bona fide disclosures which citizens believe are protected disclosures. Given that the matter is being examined, we will have to return to it at our next meeting. People will understand that I do not want all these buried in the bowels of the House and prevented from making their way through the system.

The next item is No. 39C, correspondence received from the office of Professor Brian Norton, president of Dublin Institute of Technology, DIT. It is just an acknowledgement of our previous letter.

I have another letter in my folder, 43B, which is from the Secretary General of the Department of Health, Jim Breslin, explaining why he was not here at our last meeting. He was not here because: he was not invited; the accountable officer was here; and he was asked to nominate somebody to attend on his behalf and sent four people. Maybe, it is for a further meeting or maybe it will be dealt with. I fully accept, agree and note his reply.

The next item is reports, statements and accounts received since our last meeting, which are on the screen. The accounts of Tusla are there and the statements of internal financial control, SIFCs. I will ask whoever prepares this to give us the full wording of what the letters refer to, given that not everybody might know offhand what SIFC stands for. Tusla's accounts disclose that the agency identified 33 contracts awarded without a competitive tendering process, for which it incurred expenditure of €2.2 million. Here we go again. It is an issue.