Seán Fleming (Laois, Fianna Fail)
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We have already agreed to make time available when the HSE is in to discuss the section 38 and 39 bodies. To be clear, the terms of reference, and I am reading from the report, was an independent review of the cost of care from 2009 to 2016 of a specific individual in the care of the service provider and the funding provided by the HSE to the service provider. The letter from the whistleblowers today specifically states in the third paragraph:

In this regard, the Committee must note that Deloitte makes no finding regarding the fairness, or otherwise, of the Service Provider's treatment by the HSE in relation to funding. This was not within the Terms of Reference, but rather is a matter for the Farrelly Commission.

The whistleblowers writing to us today state the fairness of the funding is a matter for the Farrelly commission. The Deloitte report did not examine funding to other organisations and there is information provided by the HSE. Deloitte stated it did not examine any other organisation the HSE is funding to compare the funding with this organisation that cared for Grace. It was not within its terms of reference. Regarding the issue of the fairness of funding by the HSE, the whistleblower tells us today it is a matter for the Farrelly commission. I want to tread carefully. We have agreed to make an hour available when the HSE is here in a couple of weeks, but a commission of investigation is in place and I will not have the Committee of Public Accounts referred to at a commission of investigation established by the Oireachtas because in some way we are trespassing on its work. I want to clear the lines of demarcation. I also want to make sure we are not treading over an agreement the High Court has set. I ask that we get the parliamentary legal adviser to give a clear guideline on the issues it is safe for us to discuss with the HSE when it comes before us.