David Cullinane (Waterford, Sinn Fein)
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We need the legal clarification that we sought. My question is one that our legal advisers might have to answer to. When Mr. McEnery was here, notwithstanding any restrictions that were on us regarding referencing the official notes that are potentially subject to legal protection, he did strongly contradict what was in that note. Maybe that will play a part in whether or not it has the same legal protections given that he, as one of the people who was at the meeting, clearly contradicts part of what is in it. Second, and this is important, when Mr. McEnery was here he did speak about the meeting so that notwithstanding the notes he did talk about what happened at that meeting. His response to a question as to whether a boycott of the fair deal scheme was discussed was yes, it was, but he was not party to it and did not support it. There were only two parties in the room, himself and Nursing Homes Ireland, so if he did not initiate, support or take part in a discussion on a boycott, and he acknowledges that discussion took place, then Nursing Homes Ireland did. If Nursing Homes Ireland did, that is a very real problem.

In terms of asking them in, they have a duty to come before the committee because this is potentially anti-competitive practice. We have a duty to put questions to them and then they have an obligation to respond to those questions. That is nothing to do with notes of any meetings, that is something that was put on the record of the Committee of Public Accounts by someone who was at the meeting, and told the committee that yes, a boycott was discussed; no, he did not support it; no, he was not part of any discussion on the matter and he was troubled by it but that the discussion did take place.