Oireachtas Joint and Select Committees

Thursday, 22 March 2018

Public Accounts Committee

2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 4 - Overview of Public Private Partnerships

9:00 am

Mr. Seamus McCarthy:

Another factor that might come into play with a lot of projects is that there tends to be claims after the project has been undertaken, that is, from the successful developer, and one can get into settlement negotiations and compromise agreements, or legal challenges, when they are settling the account. It is quite difficult to manage the threat of legal action. I suppose the best defence against losses arising in that way is to ensure that one follows good process and good procedures, that, if you like, i's are dotted and t's are crossed, and that one protects oneself in that situation against losing a case. What is interesting is that where the three legal challenges were referenced in the report, in all cases the State side won.